D 570 
.fl2 M25 
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D 570 

.A2 M25 War Reprint, No. 7 

Copy 1 



Important Statutes and Executive Proclamations 

Issued in the United States from 

April, 19 1 7, to May, 1918 



Compiled by 
ALBERT E. McKINLEY 



PHILADELPHIA 

McKINLEY PUBLISHING COMPANY 
1 9 1 8 

Price, 25 cents 



UNITED STATES STATUTES RELATING TO WAR CONDITIONS. 



H 5"U 

■ A&/V 



Suggestions for the Use of the Materials 



The World War has led to an intense sharpening 
of interest among Americans in international rela- 
tions and world history. Races, countries, and poli- 
cies hitherto almost unknown to the great body of 
American citizens, have in a moment become of vital 
importance to all. And with this new importance 
has come a truly American desire to understand the 
significance of the new world movements. Hence, 
from the public generally, from students in schools 
and colleges, from teachers, lecturers, and conductors 
of classes in clubs and camps, has come the demand 
for information and interpretation. 

This pamphlet contains statutes and joint-resolu- 
tions of the Congress of the United States from April, 
1917, to May, 1918. The aim has been to include 
those laws and parts of laws which show the manner 
in which the country has been legally reorganized to 
meet war conditions. It cannot be. hoped that the 
selection of statutes will be satisfactory to all, but 
the list has been made as inclusive as space limita- 
tions would permit. No attempt has been made to 
include all the laws on a given subject, but rather to 
pick out typical statutes, from which the reader or 
student can gain an idea of the vastly important leg- 
islation of the Sixty-fifth Congress. It has been im- 
possible, too, to print the full text of the longer 
statutes, some of which, like the Revenue Act of 
1917, would occupy fifty of the large pages of the 
present work. The parts omitted have been indi- 
cated in the usual manner (. . .). The sections in- 
cluded are those which contain general principles of 
legislation ; qualifying clauses and sections have in 
some cases been cut out. Persons desiring to con- 
sult the statutes for legal reasons rather than for 
general information or historical facts should read 
the official text published in the " Statutes at Large " 
or the " slip-laws " of the United States. 

What has been said above concerning the laws, 
holds true also of the Executive Proclamations in 
this pamphlet. To save space the parts of proclama- 
tions which recite a statute or part of a statute have 
been omitted, as well as the usual form of subscription 
and seal by the President and Secretary. 

The United States statutes and proclamations 
show the means by which a peaceful nation reorgan- 
ized its military system, its trade and industries, and 
its finance in order to devote all its energies to win- 
ning the war. Such material is somewhat difficult to 
use in school and college classes unless the assign- 
ments of topics and questions are most carefully made 
by the instructor. Occasionally the briefer statutes 
may be assigned entire for close study and analysis ; 
but for the longer documents a more intensive method 



should be used. The following suggestions will illus- 
trate how these and the other statutes may be so as- 
signed to the class that the essential parts of the laws 
will not be overlooked by the careless reader. 

From the text of the Selective Draft Act (page 
5) answer the following questions: 

What kinds of organizations and what numbers of each 
is the President authorized to raise by paragraphs 1-7 of 
Section 1 ? Which of these are to be raised by voluntary 
enlistment and which by selective draft? 

What persons are liable to the draft? How are the 
drafted persons apportioned among the States ? May a for- 
eigner be drafted? 

Contrast the bounty provision in Section 3 with the pol- 
icy pursued in the Civil War. Which is the more demo- 
cratic? Why? 

Can you give satisfactory reasons why each of the classes 
of persons mentioned in Section 4 should be exempt? 

Sketch the organization by which persons are registered 
for the draft, and the method by which exemptions are de- 
termined. 

What official persons may the President call upon for as- 
sistance in the draft? What penalties are imposed for re- 
fusal or neglect to perform such duty ? 

What powers are given to the President to safeguard the 
morals of the army? 

Compare the text of this Act with the proclamation of 
the President for the registration on June 5, 1917 (page 
171). 

The following topics and problems are based upon 
the Act of August 10, 1917 (page 13), giving the 
President power to control food and fuel: 

Giv • in brief the purposes of the Act. 

What agencies may the President use to enforce the Act? 
What limitations concerning contracts are imposed upon 
these persons and agencies? Why are these imposed? 

What acts are made unlawful by Section 4? 

For what classes of acts may licenses be required under 
Section 5? What is the advantage of a license system? 
Who are exempt from the license system? Why so exempt? 

What punishment may be inflicted upon hoarders? What 
becomes of the articles hoarded? 

What powers does the President possess to seize and to 
sell necessaries? 

What control does he possess over the prices of neces- 
saries, especially wheat? 

What restriction does the Act impose upon the manufac- 
ture of di; 'Ailed liquors? Does this affect breweries? 

When shall the provisions of this Act cease to have 
effect? 

Outline the powers of the President over the fuel supply. 

State from your own knowledge or other sources how the 
food and fuel control has been exercised in your locality. 

A similar treatment of the other statutes and of 
the Executive Proclamations will bring out the sig- 
nificant parts of each document. Only by such means 
can a class be led to use with profit legal documents 
of this character. 



WAR REPRINTS. NO. 7. 



CONTENTS 

STATUTES OF THE UNITED STATES RELATING TO THE STATE 

OF WAR 

Ai'RiL 6, 1917, to May 20, 1918 

PAGE PAGE 

Declaration of War with Germany, April (i. 1917 5 War Kisk Insurance Act, October li, 1917 26 

Authorization of Taking Over of Enemy Vessels, May Trading with the Enemy Act, October 6, 1!U7 2S 

12. 1917 5 Declaration of War with Austria-Hungary, Decem- 

Selective Draft Act, May is, 1917 5 ber 7, 1917 30 

Espionage Act, •Tutu- 15, 1917 9 Act to Provide Housing for Fleet Workers, March 

Act to Punish Obstructing Transportation, and Estab- 1. 191S 30 

tishing Priorities, August 10, 1917 13 Act to Protect the Civil Rights of Persons in the Mili- 

Act Authorizing Control of Food and Fuel, August tary and Naval Establishments, March S, 1918 31 

10, 1917 13 Daylight Saving Law, March 19, 191S 32 

Second Liberty Loan Act, September 24, 1917 IS Act to Authorize Control of Transportation Systems, 

Act Creating an Aircraft Board, October 1. 1917 19 March 21, 1918 32 

War Revenue Act, 1 Ictober 3, 1917 19 War Finance Corporation Act, April 5, 1918 34 

Act Permitting Foreign Vessels in Coastwise Trade, Resolution Changing Apportionment of Draft. May 

October 6, 1917 26 Hi. 1918 35 

Act to Prevent the Publication of Certain Inventions, Resolution Extending Draft Provisions, May 20, 1918 . 36 

.ictober 6, 1917 20 Overman Bill, May 20, 1918 36 

EXECUTIVE PROCLAMATIONS AND ORDERS 

April 6, 1917, to April 10, 1918 

page page 

Proclamation of State of War and of Alien Enemy Proclamation Announcing the Taking Over of Railroads, 

Regulations, April 6, 1917 . . 37 December 2C>, 1917 42 

Proclamation Concerning Treason, April Hi, 1917 ...- 38 Proclamation Calling for Reduction of Consumption of 

Proclamation (ailing for Registration Under the Draft Wheat and Meat, January is, 1918 43 

Proclamation Concerning Exports, February 14, 1918 .. 44 

Proclamation Concerning (lie Panama < anal, Ma\ 23, 

Proclamation Directing tin' Taking Over of Dutch Ves- 

1917 40 

scls. March 20. 1918 44 

Proclamation Restricting Exports of Coin. September 

Explanatory Statement Concerning the Same 45 

7, 1917 40 

,, , ,, i. , T ■ ...... ,,,,- ,, Proclamation Concerning the National War Labor 

Proclamation • oncernmg rood Licenses, October S, 191, 41 

Proclamation Relating to Second Liberty Loan, Octo- Board, April 8, 1918 45 

ber 12, 1917 42 Priorities List for Supply of Fuel, April 10, 1918 .. 40 



UNITED STATES STATUTES RELATING TO WAR CONDITIONS. 



Statutes of the United States Relating to the State of War 

April 6, 191 7, to May 20, 19 18 



Declaration of War with Germany, April G, 1917. ' 

Whereas the Imperial German Government has committed 
repeated acts of war against the Government and the peo- 
ple of the United States of America: Therefore be it 
Resolved by the Senate and House of Representatives of 
the United States of America in Congress assembled, That 
the state of war between the United States and the Im- 
perial German Government which has thus been thrust 
upon the United States is hereby formally declared; and 
that the President be, and he is hereby, authorized and 
directed to employ the entire naval and military forces of 
the United btates and the resources of the Government to 
carry on war against the Imperial German Government; 
and to bring the conflict to a successful termination all of 
the resources of the country are hereby pledged by the Con- 
gress of the United States. 
Approved, April 6, 1917. 

Joint Resolution Authorizing the Taking Over of 
Enemy Vessels, May 12, 1917. 

Resolved by the Senate and House of Representatives of 
the United States of America in Congress assembled, That 
the President be, and he is hereby, authorized to take over 
to the United States the immediate possession and title of 
any vessel within the jurisdiction thereof, including the 
Canal Zone and all territories and insular possessions of 
the United States except the American Virgin Islands, 
which at the time of coming into such jurisdiction was 
owned in whole or in part by any corporation, citizen, or 
subject of any nation with which the United States may be 
at war when such vessel shall be taken, or was flying the 
flag of or was under register of any such nation or any 
political subdivision or municipalit} 7 thereof; and, through 
the United States Shipping Board, or any department or 
agency of the Government, to operate, lease, charter, and 
equip such vessel in any service of the United States, or in 
any commerce, foreign or coastwise. 

Sec. 2. That the Secretary of the Navy be, and he is 
hereby, authorized and directed to appoint, subject to the 
approval of the President, a board of survey, whose duty it 
shall be to ascertain the actual value of the vessel, its 
equipment, appurtenances, and all property contained there- 
in, at the time of its taking, and to make a written report 
of their findings to the Secretary of the Navy, who shall 
preserve such report with the records of his department. 
These findings shall be considered as competent evidence in 
all proceedings on any claim for compensation. 

Approved. May 12, 1917. 

Selective Draft Act, May 18, 1917.- 

An Act to authorize the President to increase temporarily 
the Military Establishment of the United States. 
Be it enacted by the Senate and House of Representatives 

i For the President's proclamations concerning the state 
of war, responsibilities of aliens, and treasonable acts, see 
pages 37-3S. 

- For the President's proclamation setting June 5, 1917, 
as registration day. see p. 39. 



of the United States of America in Congress assembled, 
That in view of the existing emergency, which demands the 
raising of troops in addition to those now available, the 
President be, and he is hereby, authorized — 

First. Immediately to raise, organize, officer, and equip 
all or such number of increments of the Regular Army pro- 
vided by the national defense Act approved June third, 
nineteen hundred and sixteen, or such parts thereof as he 
may deem necessary; to raise all organizations of the Regu- 
lar Army, including those added by such increments, to the 
maximum enlisted strength authorized by law. . . . 

Second. To draft into the military service of the United 
States, organize, and officer, in accordance with the provi- 
sions of section one hundred and eleven of said national de- 
fense Act, so far as the provisions of said section may be 
applicable and not inconsistent with the terms of this Act, 
any or all members of the National Guard and of the Na- 
tional Guard Reserves, and said members so drafted into 
the military service of the United States shall serve therein 
for the period of the existing emergency unless sooner dis- 
charged : Provided, That when so drafted the organizations 
or units of the National Guard shall, so far as practicable, 
retain the State designations of their respective organiza- 
tions. 

Third. To raise by draft as herein provided, organize and 
equip an additional force of five hundred thousand enlisted 
men, or such part or parts thereof as he may at any time 
deem necessary, and to provide the necessary officers, line 
and staff, for said force and for organizations of the other 
forces hereby authorized, or by combining organizations of 
said other forces, by ordering members of the Officers' Re- 
serve Corps to temporary duty in accordance with the pro- 
visions of section thirty-eight of the national defense Act 
approved June third, nineteen hundred and sixteen; by ap- 
pointment from the Regular Army, the Officers' Reserve 
Corps, from those duly qualified and registered pursuant to 
section twenty-three of the Act of Congress approved Janu- 
ary twenty-first, nineteen hundred and three (Thirty-second 
Statutes at Large, page seven hundred and seventy-five), 
from the members of the National Guard drafted into the 
service of the United States, from those who have been 
graduated from educational institutions at which military 
instruction is compulsory, or from those who have had hon- 
orable service in the Regular Army, the National Guard, or 
in the volunteer forces, or from the country at large; by 
assigning retired officers of the Regular Army to active duty 
with such force with their rank on the retired list and the 
full pay and allowances of their grade; or by the appoint- 
ment of retired officers and enlisted men. active or retired, 
of the Regular Army as commissioned officers in such 
forces: Provided, That the organization of said force shall 
be the same as that of the corresponding organizations of 
the Regular Army: Provided further. That the President is 
authorized to increase or decrease the number of organiza- 
tions prescribed for the typical brigades, divisions, or army 
corps of the Regular Army, and to prescribe such new and 
different organizations and personnel for army corps, divi- 
sions, brigades, regiments, battalions, squadrons, com- 
panies, troops, and batteries as the efficiency of the service 
may require: Provided further, That the number of organi- 



WAR REPRINTS, NO. 7. 



zations in a regiment shall not be increased nor shall the 
number of regiments be decreased: Provided further, That 
the President in his discretion may organize, officer, and 
equip for each Infantry and Cavalry brigade three machine- 
gun companies, and for each Infantry and Cavalry division 
four machine-gun companies, all in addition to the machine- 
gun companies comprised in organizations included in such 
brigades and divisions: Provided further, That the Presi- 
dent in his discretion may organize for each division one 
armored motor-car machine-gun company. The machine- 
gun companies organized under this section shall consist of 
such commissioned and enlisted personnel and be equipped 
in such manner as the President may prescribe: And pro- 
vided further, That officers with rank not above that of 
colonel shall be appointed by the President alone, and offi- 
cers above that grade by the President by and with the ad- 
vice and consent of the Senate: Provided further, That the 
President may in his discretion recommission in the Coast 
Guard persons who have heretofore held commissions in the 
Revenue-Cutter Service or the Coast Guard and have left 
the service honorably, after ascertaining that they are 
qualified for service physically, morally, and as to age and 
military fitness. 

Fourth. The President is further authorized, in his dis- 
cretion and at such time as he may determine, to raise and 
begin the training of an additional force of five hundred 
thousand men organized, officered, and equipped, as pro- 
vided for the force first mentioned in the preceding para- 
graph of this section. 

Fifth. To raise by draft, organize, equip, and officer, as 
provided in the third paragraph of this section, in addition 
to and for each of the above forces, such recruit training 
units as he may deem necessary for the maintenance of such 
forces at the maximum strength. 

Sixth. To raise, organize, officer, and maintain during 
the emergency such number of ammunition batteries and 
battalions, depot batteries and battalions, and such artil- 
lery parks, with such numbers and grades of personnel as 
he may deem necessary. Such organizations shall be offi- 
cered in the manner provided in the third paragraph of this 
section, and enlisted men may be assigned to said organi- 
zations from any of the forces herein provided for or raised 
by selective draft as by this Act provided. 

Seventh. The President is further authorized to raise and 
maintain by voluntary enlistment, to organize, and equip, 
not to exceed four infantry divisions, the officers of which 
shall be selected in the manner provided by paragraph 
three of section one of this Act: Provided, That the organi- 
zation of said force shall be the same as that of the corre- 
sponding organization of the Regular Army: And provided 
further, That there shall be no enlistments in said force of 
men under twenty-five years of age at time of enlisting: 
And provided further. That no such volunteer force shall be 
accepted in any unit smaller than a division. 

Sec. 2. That the enlisted men required to raise and 
maintain the organizations of the Regular Army and to 
complete and maintain the organizations embodying the 
members of the National Guard drafted into the service of 
the United States, at the maximum legal strength as by 
this Act provided, shall be raised by voluntary enlistment, 
or if and whenever the President decides that they can not 
effectually be so raised or maintained, then by selective 
draft; and all other forces hereby authorized, except as 
provided in the seventh paragraph of section one, shall be 
raised and maintained by selective draft exclusively; but 
this provision shall not prevent the transfer to any force of 
training cadres from other forces. Such draft as herein 
provided shall be based upon liability to military service of 



all male citizens, or male persons not alien enemies who 
have declared their intention to become citizens, between 
the ages of twenty-one and thirty years, both inclusive, and 
shall take place and be maintained under such regulations 
as the President may prescribe not inconsistent with the 
terms of this Act. Quotas for the several States, Terri- 
tories, and the District of Columbia, or subdivisions there- 
of, shall be determined in proportion to the population 
thereof, and credit shall be given to any State. Territory, 
District, or subdivision thereof, for the number of men who 
were in the military service of the United States as mem- 
bers of the National Guard on April first, nineteen hundred 
and seventeen, or who have since said date entered the 
military service of the United States from any such State, 
Territory, District, or subdivision, either as members of the 
Regular Army or the National Guard. All persons drafted 
into the service of the United States and all officers accept- 
ing commissions in the forces herein provided for shall, 
from the date of said draft or acceptance, be subject to 
the laws and regulations governing the Regular Army, ex- 
cept as to promotions, so far as such laws and regulations 
are applicable to persons whose permanent retention in the 
military service on the active or retired list is not contem- 
plated by existing law, and those drafted shall be required 
to serve for the period of the existing emergency unless 
sooner discharged: Provided, That the President is author- 
ized to raise and maintain by voluntary enlistment or 
draft, as herein provided, special and technical troops as he 
may deem necessary, and to embody them into organiza- 
tions and to officer them as provided in the third paragraph 
of section one and section nine of this Act. Organizations 
of the forces herein provided for, except the Regular Army 
and the divisions authorized in the seventh paragraph of 
section one, shall, as far as the interests of the service per- 
mit, be composed of men who come, and of officers who are 
appointed from, the same State or locality.3 

Sec. 3. No bounty shall be paid to induce any person to 
enlist in the military service of the United States; and no 
person liable to military service shall hereafter be per- 
mitted or allowed to furnish a substitute for such service; 
nor shall any substitute be received, enlisted, or enrolled in 
the military service of the United States; and no such per- 
son shall be permitted to escape such service or to be dis- 
charged therefrom prior to the expiration of his term of 
service by the payment of money or any other valuable 
thing whatsoever as consideration for his release from mili- 
tary service or liability thereto. 

Sec. 4. That the Vice President of the United States, the 
officers, legislative, executive, and judicial, of the United 
States and of the several States, Territories, and the Dis- 
trict of Columbia, regular or duly ordained ministers of 
religion, students who at the time of the approval of this 
Act are preparing for the ministry in recognized theological 
or divinity schools, 4 and all persons in the military and 
naval service of the United States shall be exempt from the 
selective draft herein prescribed ; and nothing in this Act 
contained shall be construed to require or compel any per- 
son to serve in any of the forces herein provided for who is 
found to be a member of any well-recognized religious sect 
or organization at present organized and existing and 
whose existing creed or principles forbid its members to 
participate in war in any form and whose religious convic- 
tions are against war or participation therein in accordance 



s Note the changes made by the joint resolutions of May 
If! and May '20, 1018, pp. 35-36. 

* Joint resolution of May 20, 1918, extended exemption to 
medical students, see p. 36. 



UNITED STATES STATUTES RELATING TO WAR CONDITIONS. 



with the creed or principles of said religious organizations, 
but no person so exempted shall be exempted from service 
in any capacity that the President shall declare to be non- 
combatant; and the President is hereby authorized to exclude 
or discharge from said selective draft and from the draft un- 
der the second paragraph of section one hereof, or to draft 
for partial military service only from those liable to draft 
as in this Act provided, persons of the following classes: 
County and municipal officials; customhouse clerks; per- 
sons employed by the United States in the transmission of 
the mails; artificers and workmen employed in the armor- 
ies, arsenals, and navy yards of the United States, and such 
other persons employed in the service of the United States 
as the President may designate; pilots; mariners actually 
employed in the sea service of any citizen or merchant 
within the United States ; persons engaged in industries, in- 
cluding agriculture, found to be necessary to the main- 
tenance of the Military Establishment or the effective oper- 
ation of the military forces or the maintenance of national 
interest during the emergency; those in a status with re- 
spect to persons dependent upon them for support which 
renders their exclusion or discharge advisable; and those 
found to be physically or morally deficient. No exemption 
or exclusion shall continue when a cause therefor no longer 
exists: Provided, That notwithstanding the exemptions 
enumerated herein, each State, Territory, and the District 
of Columbia shall be required to supply its quota in the 
proportion that its population bears to the total population 
of the United States. 

The President is hereby authorized, in his discretion, to 
create and establish throughout the several States and sub- 
divisions thereof and in the Territories and the District of 
Columbia local boards, and where, in his discretion, prac- 
ticable and desirable, there shall be created and established 
one such local biard in each county or similar subdivision 
in each State, and one for approximately each thirty 
thousand of population in each city of thirty thousand 
population or over, according to the last census taken 
or estimates furnished by the Bureau of Census of 
the Department of Commerce. Such boards shall be ap- 
pointed by the President, and shall consist of three or more 
members, none of whom shall be connected with the Mili- 
tary Establishment, to be chosen from among the local au- 
thorities of such subdivisions or from other citizens resid- 
ing in the subdivision or area in which the respective 
boards will have jurisdiction under the rules and regula- 
tions prescribed by the President. Such boards shall have 
power within their respective jurisdictions to hear and de- 
termine, subject to review as hereinafter provided, all 
questions of exemption under this Act, and all questions of 
or claims for including or discharging individuals or 
classes of individuals from the selective draft, which shall 
be made under rules and regulations prescribed by the 
President, except any and every question or claim for in- 
cluding or excluding or discharging persons or classes of 
persons from the selective draft under the provisions of this 
Act authorizing the President to exclude or discharge from 
the selective draft " Persons engaged in industries, includ- 
ing agriculture, found to be necessary to the maintenance of 
the Military Establishment, or the effective operation of the 
military forces, or the maintenance of national interest 
during the emergency." 

The President is hereby authorized to establish addi- 
tional boards, one in each Federal judicial district of the 
United States, consisting of such number of citizens, not 
connected with the Military Establishment, as the Presi- 
dent may determine, who shall be appointed by the Presi- 
dent. The President is hereby authorized, in his discre- 



tion, to establish more than one such board in any Federal 
judicial district of the United States, or to establish one 
such board having jurisdiction of an area extending into 
more than one Federal judicial district. 

Such district boards shall review on appeal and affirm, 
modify, or reverse any decision of any local board having 
jurisdiction in the area in which any such district board 
has jurisdiction under the rules and regulations prescribed 
by the President. Such district boards shall have exclusive 
original jurisdiction within their respective areas to hear 
and determine all questions or claims for including or ex- 
cluding or discharging persons or classes of persons from 
the selective draft, under the provisions of this Act, not in- 
cluded within the original jurisdiction of such local boards. 

The decisions of such district boards shall be final except 
that, in accordance with such rules and regulations as the 
President may prescribe, he may affirm, modify or reverse 
any such decision. 

Any vacancy in any such local board or district board 
shall be filled by the President, and any member of any 
such local board or district board may be removed and 
another appointed in his place by the President, whenever 
he considers that the interest of the nation demands it. 

The President shall make rules and regulations govern- 
ing the organization and procedure of such local boards and 
district boards, and providing for and governing appeals 
from such local boards to such district boards, and reviews 
of the decisions of any local board by the district board 
having jurisdiction, and determining and prescribing the 
several areas in which the respective local boards and dis- 
trict boards shall have jurisdiction, and all other rules 
and regulations necessary to carry out the terms and pro- 
visions of this section, and shall provide for the issuance of 
certificates of exemption, or partial or limited exemptions, 
and for a system to exclude and discharge individuals from 
selective draft. 

Sec. 5. That all male persons between the ages of twenty- 
one and thirty, both inclusive, shall be subject to registra- 
tion in accordance with regulations to be prescribed by the 
President; and upon proclamation by the President or other 
public notice given by him or by his direction stating the 
time and place of such registration it shall be the duty of 
all persons of the designated ages, except officers and en- 
listed men of the Regular Army, the Navy, and the Na- 
tional Guard and Naval Militia while in the service of the 
United States, to present themselves for and submit to reg- 
istration under the provisions of this Act; and every such 
person shall be deemed to have notice of the requirements 
of this Act upon the publication of said proclamation or 
other notice as aforesaid given by the President or by his 
direction; and any person who shall willfully fail or re- 
fuse to present himself for registration or to submit thereto 
as herein provided, shall be guilty of a misdemeanor and 
shall, upon conviction in the district court of the United 
States having jurisdiction thereof, be punished by imprison- 
ment for not more than one year, and shall thereupon be 
duly registered: Provided, That in the call of the docket 
precedence shall be given, in courts trying the same, to the 
trial of criminal proceedings under this Act: Provided fur- 
ther. That persons shall be subject to registration as herein 
provided who shall have attained their twenty-first birth- 
day and who shall not have attained their thirty-first birth- 
day on or before the day set for the registration, and all 
persons so registered shall be and remain subject to draft 
into the forces hereby authorized, unless exempted or ex- 
cused therefrom as in this Act provided : Provided further, 
That in the case of temporary absence from actual place of 
legal residence of any person liable to registration as pro- 



WAR REPRINTS. XO. 7. 



vided herein such registration may be made by mail under 
regulations to be prescribed by the President. 

Sec. 6. That the President is hereby authorized to utilize 
the service of any or all departments and any or all officers 
or agents of the United States and of the several States, 
Territories, and the District of Columbia, and subdivisions 
thereof, in the execution of this Act, and all officers and 
agents of the United States and of the several States, Ter- 
ritories, and subdivisions thereof, and of the District of 
Columbia, and all persons designated or appointed under 
regulations prescribed by the President whether such ap- 
pointments are made by the President himself or by the 
governor or other officer of any State or Territory to per- 
form any duty in the execution of this Act, are hereby re- 
quired to perform such duty as the President shall order or 
direct, and all such officers and agents and persons so desig- 
nated or appointed shall hereby have full authority for all 
acts done by them in the execution of this Act by the direc- 
tion of the President. Correspondence in the execution of 
this Act may be carried in penalty envelopes bearing the 
frank of the War Department. Any person charged as 
herein provided with the duty of carrying into effect any of 
the provisions of this Act or the regulations made or direc- 
tions given thereunder who shall fail or neglect to perform 
such duty ; and any person charged with such duty or hav- 
ing and exercising any authority under said Act, regula- 
tions, or directions, who shall knowingly make or be a 
party to the making of any false or incorrect registration, 
physical examination, exemption, enlistment, enrollment, or 
muster; and any person who shall make or be a party to 
the making of any false statement or certificate as to the 
fitness or liability of himself or any other person for ser- 
vice under the provisions of this Act, or regulations made 
by the President thereunder, or otherwise evades or aids 
another to evade the requirements of this Act or of said 
regulations, or who, in any manner, shall fail or neglect 
fully to perform any duty required of him in the execution 
of this Act, shall, if not subject to military law, be guilty 
of a misdemeanor, and upon conviction in the district court 
of the United States having jurisdiction thereof, be pun- 
ished by imprisonment for not more than one year, or, if 
subject to military law, shall be tried by court-martial and 
suffer such punishment as a court-martial may direct. 

Sec. 7. That the qualifications and conditions for volun- 
tary enlistment as herein provided shall lie the same as 
those prescribed by existing law for enlistments in the 
Regular Army, except that recruits must lie between the 
ages of eighteen and forty years, both inclusive, at the time 
of their enlistment; and such enlistments shall be for the 
period of the emergency unless sooner discharged. All en- 
listments, including those in the Regular Army Reserve, 
which are in force on the date of the approval of this Act 
and which would terminate during the emergency shall con- 
tinue in force during the emergency unless sooner dis- 
charged; but nothing herein contained shall lie construed to 
shorten the period of any existing enlistment: Provided, 
That all persons enlisted or drafted under any of the pro- 
visions of this Act. shall as far as practicable be grouped 
into units by States and the political subdivisions of the 
same: Provided further, That all persons who have en- 
listed since April first, nineteen hundred and seventeen, 
either in the Regular Army or in the National Guard, and 
all persons who have enlisted in the National Guard since 
June third, nineteen hundred and sixteen, upon their appli- 
cation, shall be discharged upon the termination of the 
existing emergency. 

The President may provide for the discharge of any or 



all enlisted men whose status with respect to dependents 
lenders such discharge advisable; and he may also author- 
ize the employment on any active duty of retired enlisted 
men of the Regular Army, either with their rank on the re- 
tired list or in higher enlisted grades, and such retired en- 
listed men shall receive the full pay and allowances of the 
grades in which they are actively employed. 

Sec. 8. That the President, by and with the advice and 
consent of the Senate, is authorized to appoint for the 
period of the existing emergency such general officers of ap- 
propriate grades as may be necessary for duty with bri- 
gades, divisions, and higher units in which the forces pro- 
vided for herein may be organized by the President, and 
general officers of appropriate grade for the several Coast 
Artillery districts. . . . 

Sec. ( J. That the appointments authorized and made as 
provided by the second, third, fourth, fifth, sixth, and 
seventh paragraphs of section one and by section eight of 
this Act, and the temporary appointments in the Regular 
Army authorized by the first paragraph of section one of 
this Act, shall be for the period of the emergency, unless 
sooner terminated by discharge or otherwise. The Presi- 
dent is hereby authorized to discharge any officer from the 
office held by him under such appointment for any cause 
which, in the judgment of the President, would promote the 
public service; and the general commanding any division 
and higher tactical organization or territorial department 
is authorized to appoint from time to time military boards 
of not less than three nor more than five officers of the 
forces herein provided for to examine into and report upon 
the capacity, qualification, conduct, and efficiency of any 
commissioned officer within his command other than offi- 
cers of the Regular Army holding permanent or provi- 
sional commissions therein. . . 

Sec. 10. That all officers and enlisted men of the forces 
herein provided for other than in the Regular Army shall 
be in all respects on the same footing as to pay, allow- 
ances, and pensions as officers and enlisted men of corre- 
sponding grades and length of service in the Regular Army; 
and commencing June one, nineteen hundred and seventeen, 
and continuing until the termination of the emergency, all 
enlisted men of the Army of the United States in active ser- 
vice whose base pay does not exceed $21 per month shall 
receive an increase of $15 per month; those whose base pay 
is $24, an increase of $12 per month; those whose base pay 
is $30, $36, or $40, an increase of $8 per month; and those 
whose base pay is $45 or more, an increase of $6 per 
month: Provided, That the increases of pay herein author- 
ized shall not enter into the computation of continuous- 
service pay. 

Sec. 11. That all existing restrictions upon the detail, 
detachment, and employment of officers and enlisted men 
of the Regular Army are hereby suspended for the period 
of the present emergency. 

Sec. 12. That the President of the United States, as 
Commander in Chief of the Army, is authorized to make 
such regulations governing the prohibition of alcoholic 
liquors in or near military camps and to the officers and 
enlisted men of the Army as he may from time to time 
deem necessary or advisable: Provided, That no person, 
corporation, partnership, or association shall sell, supply, 
or have in his or its possession any intoxicating or spiritu- 
ous liquors at any military station, cantonment, camp, fort, 
post, officers' or enlisted men's club, which is being used at 
the time for military purposes under this Act. but the Sec- 
retary of War may make regulations permitting the sale 
and use of intoxicating liquors for medicinal purposes. It 



UNITED STATES STATUTES RELATING TO WAR CONDITIONS. 



shall be unlawful to sell any intoxicating liquor, including 
beer, ale, or wine, to any officer or member of the military 
forces while in uniform, except as herein provided. Any 
person, corporation, partnership, or association violating 
the provisions of this section of the regulations made there- 
under shall, unless otherwise punishable under the Articles 
of War, be deemed guilty of a misdemeanor and be pun- 
ished by a fine of not more than $1,000 or imprisonment 
for not more than twelve months, or both. 

Sec. 13. That the Secretary of War is hereby authorized, 
empowered, and directed during the present war to do 
everything by him deemed necessary to suppress and pre- 
vent the keeping or setting up of houses of ill fame, 
brothels, or bawdy houses within such distance as he may 
deem needful of any military camp, station, fort, post, can- 
tonment, training, or mobilization place. . . . 

Sec. 14. That all laws and parts of laws in conflict with 
the provisions of this Act are hereby suspended during the 
period of this emergency. 

Approved, May 18, 1917. 

Act Relating to Espionage, etc., June 15, 1917. 

An Act To punish acts of interference with the foreign 
relations, the neutrality, and the foreign commerce of the 
United States, to punish espionage, and better to enforce 
the criminal laws of the United States, and for other pur- 
poses. 

Be it enacted by the Senate and House of Represntatives 
of the United States of America in Congress assembled: 

Title I. 

ESPIONAGE. 

Section 1. That (a) whoever, for the purpose of obtain- 
ing information respecting the national defense with intent 
or reason to believe that the information to be obtained is 
to be used to the injury of the United States, or to the ad- 
vantage of any foreign nation, goes upon, enters, flies over, 
or otherwise obtains information concerning any vessel, air- 
craft, work of defense, navy yard, naval station, submarine 
base, coaling station, fort, battery, torpedo station, dock- 
yard, canal, railroad, arsenal, camp, factory, mine, tele- 
graph, telephone, wireless, or signal station, building, office, 
or other place connected with the national defense, owned 
or constructed, or in progress of construction by the United 
States or under the control of the United States, or of any 
of its officers or agents, or within the exclusive jurisdiction 
of the United States, or any place in which any vessel, air- 
craft, arms, munitions, or other materials or instruments 
for use in time of war are being made, prepared, repaired, 
or stored, under any contract or agreement with the United 
States, or with any person on behalf of the United States, 
or otherwise on behalf of the United States, or any pro- 
hibited place within the meaning of section six of this 
title; or (b) whoever for the purpose aforesaid, and with 
like intent or reason to believe, copies, takes, makes, or ob- 
tains, or attempts, or induces or aids another to copy, take, 
make, or obtain, any sketch, photograph, photographic 
negative, blue print, plan, map, model, instrument, appli- 
ance, document, writing, or note of anything connected with 
the national defense; or (c) whoever, for the purpose afore- 
said, receives or obtains or agrees or attempts or induces 
or aids another to receive or obtain from any person, or 
from any source whatever, any document, writing, code 
book, signal book, sketch, photograph, photographic nega- 
tive, blue print, plan, map, model, instrument, appliance, or 
note, of anything connected with the national defense, know- 
ing or having reason to believe, at the time he receives or 



obtains, or agrees or attempts or induces or aids another 
to receive or obtain it, that it has been or will be obtained, 
taken, made or disposed of by any person contrary to the 
provisions of this title; or (d) whoever, lawfully or un- 
lawfully having possession of, access to, control over, or be- 
ing intrusted with any document, writing, code book, signal 
book, sketch, photograph, photographic negative, blue print, 
plan, map, model, instrument, appliance, or note relating 
to the national defense, willfully communicates or trans- 
mits or attempts to communicate or transmit the same to 
any person not entitled to receive it, or willfully retains 
the same and fails to deliver it on demand to the officer or 
employee of the United States entitled to receive it; or (e) 
whoever, being intrusted with or having lawful possession 
or control of any document, writing, code book, signal book, 
sketch, photograph, photographic negative, blue print, plan, 
map, model, note, or information, relating to the national 
defense, through gross negligence permits the same to be 
removed from its proper place of custody or delivered to 
anyone in violation of his trust, or to be lost, stolen, ab- 
stracted, or destroyed, shall be punished by a fine of not 
more than $10,000, or by imprisonment for not more than 
two years, or both. 

Sec. 2. (a) Whoever, with intent or reason to believe 
that it is to be used to the injury of the United States or 
to the advantage of a foreign nation, communicates, deliv- 
ers, or transmits, or attempts to, or aids or induces another 
to, communicate, deliver, or transmit, to any foreign gov- 
ernment, or to any faction or party or military or naval 
force within a foreign country, whether recognized or un- 
recognized by the United States, or to any representative, 
officer, agent, employee, subject, or citizen thereof, either 
directly or indirectly, any document, writing, code book, 
signal book, sketch, photograph, photographic negative, 
blue print, plan, map, model, note, instrument, appliance, 
or information relating to the national defense, shall be 
punished by imprisonment for not more than twenty years: 
Provided, That whoever shall violate the provisions of sub- 
section (a) of this section in time of war shall be pun- 
ished by death or by imprisonment for not more than thirty 
years; and (b) whoever, in time of war, with intent that 
the same shall be communicated to the enemy, shall collect, 
record, publish, or communicate, or attempt to elicit any 
information with respect to the movement, numbers, de- 
scription, condition, or disposition of any of the armed 
forces, ships, aircraft, or war materials of the United 
States, or with respect to the plans or conduct, or supposed 
plans or conduct of any naval or military operations, or 
with respect to any works or measures undertaken for or 
connected with, or intended for the fortification or defense 
of any place, or any other information relating to the pub- 
lic defense, which might be useful to the enemy, shall be 
punished by death or by imprisonment for not more than 
thirty years. 

Sec. 3. Whoever, when the United States is at war, shall 
willfully make or convey false reports or false statements 
with intent to interfere with the operation or success of 
the military or naval forces of the United States or to pro- 
mote the success of its enemies and whoever when the 
United States is at war, shall willfully cause or attempt to 
cause insubordination, disloyalty, mutiny, or refusal of 
duty, in the military or naval forces of the United States, 
or shall willfully obstruct the recruiting or enlistment ser- 
vice of the United States, to the injury of the service or of 
the United States, shall be punished by a fine of not more 
than $10,000 or imprisonment for not more than twenty 
years, or both. 

Sec. 4. If two or more persons conspire to violate the 



10 



WAR REPRINTS, NO. 



provisions of sections two or three of this title, and one or 
more of such persons does any act to effect the object of 
the conspiracy, each of the parties to such conspiracy shall 
be punished as in said sections provided in the case of the 
doing of the act the accomplishment of which is the object 
of such conspiracy. Except as above provided conspiracies 
to commit offenses under this title shall be punished as pro- 
vided by section thirty-seven of the Act to codify, revise, 
and amend the penal laws of the United States approved 
March fourth, nineteen hundred and nine. 

Sec. 5. Whoever harbors or conceals any person who he 
knows, or has reasonable grounds to believe or suspect, has 
committed, or is about to commit, an offense under this 
title shall be punished by a fine of not more than $10,000 
or by imprisonment for not more than two years, or both. 

Sec. G. The President in time of war or in case of na- 
tional emergency may by proclamation designate any place 
other than those set forth in subsection (a) of section one 
hereof in which anything for the use of the Army or Navy 
is being prepared or constructed or stored as a prohibited 
place for the purposes of this title: Provided, That he shall 
determine that information with respect thereto would be 
prejudicial to the national defense. 

Sec. 7. Nothing contained in this title shall be deemed 
to limit the jurisdiction of the general courts-martial, mili- 
tary commissions, or naval courts-martial under sections 
thirteen hundred and forty-two, thirteen hundred and forty- 
three, and sixteen hundred and twenty-four of the Revised 
Statutes as amended. 

Sec. 8. The provisions of this title shall extend to all 
Territories, possessions, and places subject to the jurisdic- 
tion of the United States, whether or not contiguous there- 
to, and offenses under this title when committed upon the 
high seas or elsewhere within the admiralty and maritime 
jurisdiction of the United States and outside the territorial 
limits thereof shall be punishable hereunder. 

Sec. 0. The Act entitled "An Act to prevent the disclo- 
sure of national defense secrets," approved March third, 
nineteen hundred and eleven, is hereby repealed. 

Title II. 

VESSELS IN* TORTS OF THE UNITED STATES. 

Section 1. Whenever the President by proclamation or 
Executive order declares a national emergency to exist by 
reason of actual or threatened war, insurrection, or inva- 
sion, or disturbance or threatened disturbance of the inter- 
national relations of the United States, the Secretary of 
the Treasury may make, subject to the approval of the 
President, rules and regulations governing the anchorage 
and movement of any vessel, foreign or domestic, in the 
territorial waters of the United States, may inspect such 
vessel at any time, place guards thereon, and. if necessary 
in his opinion in order to secure such vessels from damage 
or injury, or to prevent damage or injury to any harbor or 
waters of the United States, or to semre the observance of 
the rights and obligations of the United States, may take, 
by and with the consent of the President, for such purposes, 
full possession and control of such vessel and remove there- 
from the officers and crew thereof and all other persons 
not specially authorized by him to go or remain on board 
thereof. 

Within the territory and waters of the Canal Zone the 
Governor of the Panama Canal, with the approval of the 
President, shall exercise all the powers conferred by this 
section on the Secretary of the Treasury.' 

5 See the President's proclamation of May 23, 1917, for 
action taken concerning the canal, p. 40. 



Sec. 2. If any owner, agent, master, officer, cr person in 
charge, or any member of the crew of any such vessel fails 
to comply with any regulation or rule issued or order given 
by the Secretary of the Treasury or the Governor of the 
Panama Canal under the provisions of this title, or ob- 
structs or interferes with the exercise of any power con- 
ferred by this title, the vessel, together with her tackle, 
apparel, furniture, and equipment, shall be subject to seiz- 
ure and forfeiture to the United States in the same manner 
as merchandise is forfeited for violation of the customs 
revenue laws; and the person guilty of such failure, ob- 
struction, or interference shall be fined not more than 
$10,000, or imprisoned not more than two years, or both. 

Sec. 3. It shall be unlawful for the owner or master or 
any other person in charge or command of any private ves- 
sel, foreign or domestic, or for any member of the crew or 
other person, within the territorial waters of the United 
States, willfully to cause or permit the destruction or in- 
jury of such vessel or knowingly to permit said vessel to be 
used as a place of resort for any person conspiring with 
another or preparing to commit any offense against the 
United States, or in violation of the treaties of the United 
States or of the obligations of the United States under the 
law of nations, or to defraud the United States, or know- 
ingly to permit such vessels to be used in violation of the 
rights and obligations of the United States under the law 
of nations; and in case such vessel shall be so used, with 
the knowledge of the owner or master or other person in 
charge or command thereof, the vessel, together with her 
tackle, apparel, furniture, and equipment, shall be subject 
to seizuro and forfeiture to the United States in the same 
manner as merchandise is forfeited for violation of the cus- 
toms revenue laws; and whoever violates this section shall 
be fined not more than $10,000 or imprisoned not more than 
two years, or both. 

Sec. 4. The President may employ such part of the land 
or naval forces of the United States as he may deem neces- 
sary to carry out the purposes of this title. 

Title III. 

INJLTiINO VESSELS ENGAGED IN FOREIGN COMMERCE. 

Section 1. Whoever shall set fire to any vessel of for- 
eign registry, or any vessel of American registry entitled to 
engage in commerce with foreign nations, or to any vessel 
of the United States as defined in section three hundred and 
ten of the Act of March fourth, nineteen hundred and nine, 
entitled "An Act to codify, revise, and amend the penal 
laws of the United States," or to the cargo of the same, 
or shall tamper with the motive power or instrumentali- 
ties of navigation of such vessel, or shall place bombs or 
explosives in or upon such vessel, or shall do any other act 
to or upon such vessel while within the jurisdiction of the 
United States, or, if such vessel is of American registry, 
while she is on the high sea. with intent to injure or en- 
danger the safety of the vessel or of her cargo, or of persons 
on board, whether the injury or danger is so intended to 
take place within the jurisdiction of the United States, or 
after the vessel shall have departed therefrom; or whoever 
shall attempt or conspire to do any such acts with such in- 
tent, shall be fined not more than $10,000 or imprisoned 
not more than twenty years, or both. 

Titi e IV. 
interference with foreign commerce by violent means. 

Section 1. Whoever, with intent to prevent, interfere 
with, or obstruct or attempt to prevent, interfere with, or 
obstruct the exportation to foreign countries of articles 



UNITED STATES STATUTES RELATING TO WAR CONDITIONS. 



11 



from the United States, shall injure or destroy, by fire or 
explosives, such articles or the places where they may be 
while in such foreign commerce, shall be fined not more 
than $10,000, or imprisoned not more than ten years, or 
both. 

Title V. 

ENFORCEMENT OF NEUTRALITY/. 

[This title deals with acts performed in a war in which 
the United States is neutral.] 

Title VI. 

SEIZURE OF ARMS AND OTHER ARTICLES INTENDED FOR 
EXPORT. 

Section 1. Whenever an attempt is made to export or 
ship from or take out of the United States, any arms or 
munitions of war, or other articles, in violation of law, or 
whenever there shall be known or probable cause to believe 
that any such arms or munitions of war, or other articles, 
are being or are intended to be exported, or shipped from, 
or taken out of the United States, in violation of law, the 
several collectors, naval officers, surveyors, inspectors of 
customs, and marshals, and deputy marshals of the United 
States, and every other person duly authorized for the pur- 
pose by the President, may seize and detain any articles or 
munitions of war about to be exported or shipped from, or 
taken out of the United States, in violation of law, and the 
vessels or vehicles containing the same, and retain posses- 
sion thereof until released or disposed of as hereinafter di- 
rected. If upon due inquiry as hereinafter provided, the 
property seized shall appear to have been about to be so 
unlawfully exported, shipped from, or taken out of the 
United States, the same shall be forfeited to the United 
States. 

Sec. 2. It shall be the duty of the persons making any 
seizure under this title to apply, with due diligence, to the 
judge of the district court of the United States, or to the 
judge of the United States district court of the Canal Zone, 
or to the judge of a court of first instance in the Philippine 
Islands, having jurisdiction over the place within which the 
seizure is made, for a warrant to justify the further deten- 
tion of the property so seized, which warrant shall be 
granted only on oath or affirmation showing that there is 
known or probable cause to believe that the property seized 
is being or is intended to be exported or shipped from or 
taken out of the United States in violation of law; and if 
the judge refuses to issue the warrant, or application there- 
for is not made by the person making the seizure within a 
reasonable time, not exceeding ten days after the seizure, 
the property shall forthwith be restored to the owner or 
person from whom seized. . . . 

Sec. 8. The President may employ such part of the land 
or naval forces of the United States as he may deem neces- 
sary to carry out the purposes of this title. 

Title VII. 

CERTAIN EXPORTS IN TIME OF WAR UNLAWFUL. 

Section 1. Whenever during the present war the Presi- 
dent shall find that the public safety shall so require, and 
shall make proclamation thereof, it shall be unlawful to 
export from or ship from or take out of the United States 
to any country named in such proclamation any article or 
articles mentioned in such proclamation, except at such 
time or times, and under such regulations and orders, and 
subject to such limitations and exceptions as the President 
shall prescribe, until otherwise ordered by the President or 



by Congress: Provided, however, That no preference shall 
be given to the ports of one State over those of another."! 

Sec. 2. Any person who shall export, ship, or take out, 
or deliver or attempt to deliver for export, shipment, or 
taking out, any article in violation of this title, or of any 
regulation, or order made hereunder, shall be fined not more 
than $10,000, or, if a natural person, imprisoned for not 
more than two years, or both; and any article so delivered 
or exported, shipped, or taken out, or so attempted to be 
delivered or exported, shipped, or taken out, shall be seized 
and forfeited to the United States; and any officer, director, 
or agent of a corporation who participates in any such vio- 
lation shall be liable to like fine or imprisonment, or both. 

Sec. 3. Whenever there is reasonable cause to believe 
that any vessel, domestic or foreign, is about to carry out 
of the United States any article or articles in violation of 
the provisions of this title, the collector of customs for the 
district in which such vessel is located is hereby author- 
ized and e"mpowered, subject to review by the Secretary of 
Commerce, to refuse clearance to any such vessel, domestic 
or foreign, for which clearance is required by law, and by 
formal notice served upon the owners, master, or person or 
persons in command or charge of any domestic vessel for 
which clearance is not required by law, to forbid the de- 
parture of such vessel from the port, and it shall thereupon 
be unlawful for such vessel to depart. Whoever, in vio- 
lation of any of the provisions of this section shall take, or 
attempt to take, or authorize the taking of any such vessel, 
out of port or from the jurisdiction of the United States, 
shall be fined not more than $10,000 or imprisoned not more 
than two years, or both; and, in addition, such vessel, her 
tackle, apparel, furniture, equipment, and her forbidden 
cargo shall be forfeited to the United States. 

Title VIII. 

DISTURBANCE OF FOREIGN RELATIONS. 

Section 1. Whoever, in relation to any dispute or con- 
troversy between a foreign government and the United 
States, shall willfully and knowingly make any untrue 
statement, either orally or in writing, under oath before 
any person authorized and empowered to administer oaths, 
which the affiant has knowledge or reason to believe will, 
or may be used to influence the measures or conduct of any 
foreign government, or of any officer or agent of any foreign 
government, to the injury of the United States, or with a 
view or intent to influence any measure of or action by the 
Government of the United States, or any branch thereof, to 
the injury of the United States, shall be fined not more 
than $5,000 or imprisoned not more than five years, or both. 

Sec. 2. Whoever within the jurisdiction of the United 
States shall falsely assume or pretend to be a diplomatic or 
consular, or other official of a foreign government duly ac- 
credited as such to the Government of the United States 
with intent to defraud such foreign government or any per- 
son, and shall take upon himself to act as such, or in such 
pretended character shall demand or obtain, or attempt to 
obtain from any person or from said foreign government, 
or from any officer thereof, any money, paper, document, or 
other thing of value, shall be fined not more than $5,000, 
or imprisoned not more than five years, or both. 

Sec. 3. Whoever, other than a diplomatic or consular 
officer or attache, shall act in the United States as an agent 
of a foreign government without prior notification to the 
Secretary of State shall be fined not more than $5,000, or 
imprisoned not more than five years, or both. . . . 

6 A number ot executive proclamations have been issued 
relating to foreign trade. See pp. 30, 40. 44. 



12 



WAR REPRINTS. NO. 



Sec. 5. If two or more persons within the jurisdiction of 
the United States conspire to injure or destroy specific 
property situated within a foreign country and belonging 
to a foreign Government or to any political subdivision 
thereof with which the United States is at peace, or any 
railroad, canal, bridge, or other public utility so situated, 
and if one or more of such persons commits an act within 
the jurisdiction of the United States to effect the object 
of the conspiracy, each of the parties to the conspiracy 
shall be fined not more than $.3,000, or imprisoned not more 
than three years, or both. Any indictment or information 
under this section shall describe the specific property which 
it was the object of the conspiracy to injure or destroy. 

Title IX. 

PASSPOSTS. 

Section 1. Before a passport is issued to any person by 
or under authority of the United States such person shall 
subscribe to and submit a written application duly verified 
by his oath before a person authorized and empowered to 
administer oaths, which said application shall contain a 
true recital of each and every matter of fact which may be 
required by law or by any rules authorized by law to be 
stated as a prerequisite to the issuance of any such passport. 
Clerks of United States courts, agents of the Department 
of State, or other Federal officials authorized, or who may 
be authorized, to take passport applications and administer 
oaths thereon, shall collect, for all services in connection 
therewith, a fee of $1, and no more, in lieu of all fees pre- 
scribed by any statute of the United States, whether the 
application is executed singly, in duplicate, or in triplicate. 

Sec. 2. Whoever shall willfully and knowingly make any 
false statement in an application for passport with intent 
to induce or secure the issuance of a passport under the 
authority of the United States, either for his own use or 
the use of another. . . . 

Sec. 3. Whoever shall willfully and knowingly use, or 
attempt to use, any passport issued or designed for the use 
of another than himself. . . . 

Sec. 4. Whoever shall falsely make, forge, counterfeit, 
mutilate, or alter, or cause or procure to be falsely made, 
forged, counterfeited, mutilated, or altered any passport or 
instrument purporting to be a passport, with intent to use 
the same, or with intent that the same may be used by 
another . . . [shall in each case be fined not more than 
$2,000, or imprisoned not more than five years, or both]. 

Title X. 

counterfeiting government seal. 

Section 1. Whoever shall fraudulently or wrongfully 
affix or impress the seal of any executive department, or of 
any bureau, commission, or office of the United States, to 
or upon any certificate, instrument, commission, document, 
or paper of any description ; or whoever, with knowledge of 
its fraudulent character, shall with wrongful or fraudulent 
intent use, buy, procure, sell, or transfer to another any 
such certificate, instrument, commission, document, or 
paper, to which or upon which said seal has been so fraudu- 
lently affixed or impressed, shall be fined not more than 
$5,000 or imprisoned not more than five years, or both. . . . 

Title XI. 
SEARCH warrants. 

Section 1. A search warrant authorized by this title 
may be issued by a judge of a United States district court, 
or by a judge of a State or Territorial court of record, or 



by a United States commissioner for the district wherein 
the property sought is located. 

Sec. 2. A search warrant may be issued under this title 
upon either of the following grounds: 

1. When the property was stolen or embezzled in viola- 
tion of a law of the United States; in which case it may be 
taken on the warrant from any house or other place in 
which it is concealed, or from the possession of the person 
by whom it was stolen or embezzled, or from any person in 
whose possession it may be. 

2. When the property was used as the means of com- 
mitting a felony; in which case it may be taken on the 
warrant from any house or other place in which it is con- 
cealed, or from the possession of the person by whom it was 
used in the commission of the offense, or from any person 
in whose possession it may be. 

3. When the property, or any paper, is possessed, con- 
trolled, or used in violation of section twenty-two of this 
title; in which case it may be taken on the warrant from 
the person violating said section, or from any person in 
whose possession it may be, or from any house or other 
place in which it is concealed. 

Sec. 3. A search warrant can not be issued but upon 
probable cause, supported by affidavit, naming or describing 
the person and particularly describing the property and the 
place to be searched. 

Sec. 4. The judge or commissioner must, before issuing 
the warrant, examine on oath the complainant and any 
witness he may produce, and require their affidavits or take 
their depositions in writing and cause them to be sub- 
scribed by the parties making them. 

Sec. 5. The affidavits or depositions must set forth the 
facts tending to establish the grounds of the application or 
probable cause for believing that they exist. 

Sec. 6. If the judge or commissioner is thereupon satis- 
fied of the existence of the grounds of the application or 
that there is probable cause to believe their existence, he 
must issue a search warrant, signed by him with his name of 
office, to a civil officer of the United States duly authorized 
to enforce or assist in enforcing any law thereof, or to a 
person so duly authorized by the President of the United 
States, stating the particular grounds or probable cause for 
its issue and the names of the persons whose affidavits have 
been taken in support thereof, and commanding him forth- 
with to search the person or place named, for the property 
specified, and to bring it before the judge or commissioner. 

Sec. 7. A search warrant may in all cases be served by 
any of the officers mentioned in its direction, but by no 
other person, except in aid of the officer on his requiring it, 
he being present and acting in its execution. 

Sec. 8. The officer may break open any outer or inner 
door or window of a house, or any part of a house, or any- 
thing therein, to execute the warrant, if, after notice of 
his authority and purpose, he is refused admittance. 

Sec. 9. He may break open any outer or inner door or 
window of a house for the purpose of liberating a person 
who, having entered to aid him in the execution of the war- 
rant, is detained therein, or when necessary for his own 
liberation. . . . 

Sec. 20. A person who maliciously and without probable 
cause procures a search warrant to be issued and executed 
shall be fined not more than $1,000 or imprisoned not more 
than one year. 

Sec. 21. An officer who in executing a search warrant 
willfully exceeds his authority, or exercises it with unneces- 



UNITED STATES STATUTES RELATING TO WAR CONDITIONS. 



13 



sary severity, shall be fined not more than $1,000 or im- 
prisoned not more than one year. 

Sec. 22. Whoever, in aid of any foreign Government, 
shall knowingly and willfully have possession of or control 
over any property or papers designed or intended for use or 
which is used as the means of violating any penal statute, 
or any of the rights or obligations of the United States 
under any treaty or the law of nations, shall be fined not 
more than $1,000 or imprisoned not more than two years, 
or both. 

Sec. 23. Nothing contained in this title shall be held to 
repeal or impair any existing provisions of law regulating 
search and the issue of search warrants. 

Title XII. 

USE OF MAILS. 

Section 1. Every letter, writing, circular, postal card, 
picture, print, engraving, photograph, newspaper, pamphlet, 
book, or other publication, matter, or thing, of any kind, in 
violation of any of the provisions of this Act is hereby de- 
clared to be nonmailable matter and shall not be conveyed 
in the mails or delivered from any post office or by any let- 
ter carrier: Provided, That nothing in this Act shall be so 
construed as to authorize any person other than an em- 
ploye of the Dead Letter Office, duly authorized thereto, or 
other person upon a search warrant authorized by law, to 
open any letter not addressed to himself. 

Sec. 2. Every letter, writing, circular, postal card, pic- 
ture, print, engraving, photograph, newspaper, pamphlet, 
book, or other publication, matter or thing, of any kind, 
containing any matter advocating or urging treason, insur- 
rection, or forcible resistance to any law of the United 
States, is hereby declared to be nonmailable. 

Sec. 3. Whoever shall use or attempt to use the mails or 
Postal Service of the United States for the transmission of 
any matter declared by this title to be nonmailable, shall 
be fined not more than $5,000 or imprisoned not more than 
five years, or both. Any person violating any provision of 
this title may be tried and punished either in the district in 
which the unlawful matter or publication was mailed, or 
to which it was carried by mail for delivery according to 
the direction thereon, or in which it was caused to be deliv- 
ered by mail to the person to whom it was addressed. . . . 

Approved, June 15, 1917. 

Act Punishing the Obstructing of Transportation, 

and Empowering the President to Establish 

Priorities in Transportation, August 10, 1917. 

Be it enacted by the Senate and Bouse of Representatives 
of the United States of America in Congress assembled, 
That section one of the act entitled "An Act to regulate 
commerce?' approved February fourth, eighteen hundred 
and eighty-seven, as heretofore amended, be further 
amended by adding thereto the following: 

'•' That on and after the approval of this Act any person 
or persons who shall, during the war in which the United 
States is now engaged, knowingly and willfully, by physical 
force or intimidation by threats of physical force obstruct 
or retard, or aid in obstructing or retarding, the orderly 
conduct or movement in the United States of interstate or 
foreign commerce, or the orderly make-up or movement or 
disposition of any train, or the movement or disposition of 
any locomotive, car, or other vehicle on any railroad or 
elsewhere in the United States engaged in interstate or for- 
eign commerce shall be deemed guilty of a misdemeanor, and 
for every such offense shall be punishable by a fine of not 
exceeding $100 ov by imprisonment for not exceeding six 



mouths, or by both such fine and imprisonment; and the 
President of the United States is hereby authorized, when- 
ever in his judgment the public interest requires, to employ 
the armed forces of the United States to prevent any such 
obstruction or retardation of the passage of the mail, or of 
the orderly conduct or movement of interstate or foreign 
commerce in any part of the United States, or of any train, 
locomotive, car, or other vehicle upon any railroad or else- 
where in the United States engaged in interstate or for- 
eign commerce: Provided, That nothing in this section shall 
be construed to repeal, modify, or affect either section six or 
section twenty of an Act entitled 'An Act to supplement ex- 
isting laws against unlawful restraints and monopolies, and 
for other purposes,' approved October fifteenth, nineteen 
hundred and fourteen. 

" That during the continuance of the war in which the 
United States is now engaged the President is authorized, 
if he finds it necessary for the national defense and secur- 
ity, to direct that such traffic or such shipments of com- 
modities as, in his judgment, may be essential to the na- 
tional defense and security shall have preference or priority 
in transportation by any common carrier by railroad, 
water, or otherwise. He may give these directions at and 
for such times as he may determine, and may modify, 
change, suspend, or annul them, and for any such purpose 
he is hereby authorized to issue orders direct, or through 
such person or persons as he may designate for the pur- 
pose or through the Interstate Commerce Commission. 
Officials of the United States, when so designated, shall re- 
ceive no compensation for their services rendered hereun- 
der. Persons not in the employ of the United States so 
designated shall receive such compensation as the President 
may fix. Suitable offices may be rented and all necessary 
expenses, including compensation of persons so designated, 
shall be paid as directed by the President out of funds 
which may have been or may be provided to meet expendi- 
tures for the national security and defense. The common 
carriers subject to the Act to regulate commerce or as 
many of them as desire so to do are hereby authorized with- 
out responsibility or liability on the part of the United 
States, financial or otherwise, to establish and maintain in 
the city of Washington during the period of the war an 
agency empowered by such carriers as join in the arrange- 
ment to receive on behalf of them all notice and service of 
such orders and directions as may be issued in accordance 
with this Act, and service upon such agency shall be good 
service as to all the carriers joining in the establishment 
thereof. . . ." 

Approved, August 10, 1917. 

Act Authorizing the Control of Food Products and 
Fuel, August 10, 1917. 

An Act To provide further for the national security and 
defense by encouraging the production, conserving the sup- 
ply, and controlling the distribution of food products and 
fuel. 

Be it enacted bit the Senate and Bouse of Representatives 
of the United States of America in Congress assembled, 
That by reason of the existence of a state of war, it is 
essential to the national security and defense, for the suc- 
cessful prosecution of the war, and for the support and 
maintenance of the Army and Navy, to assure an adequate 
supply and equitable distribution, and to facilitate the 
movement, of foods, feeds, fuel including fuel oil and nat- 
ural gas, and fertilizer and fertilizer ingredients, tools, 
utensils, implements, machinery, and equipment required 
for the actual production of foods, feeds, and fuel, here- 
after in this Act called necessaries; to prevent, locally or 



14 



WAR REPRINTS, NO. 



generally, scarcity, monopolization, hoarding, injurious 
speculation, manipulations, and private controls, affecting 
such supply, distribution, and movement-, and to establish 
and maintain governmental control of such necessaries dur- 
ing the war. For such purposes the instrumentalities, 
means, methods, powers, authorities, duties, obligations, 
and prohibitions hereinafter set forth are created, estab- 
lished, conferred, and prescribed. The President is author- 
ized to make such regulations and to issue such orders as 
are essential effectively to carry out the provisions of this 
Act. 

Sec. 2. That in carrying out the purposes of this Act the 
President is authorized to enter into any voluntary ar- 
rangements or agreements,* to create and use any agency or 
agencies, to accept the services of any person without com- 
pensation, to cooperate with any agency or person, to util- 
ize any department or agency of the Government, and to co- 
ordinate their activities so as to avoid any preventable loss 
or duplication of effort or funds. 

Sec. 3. That no person acting either as a voluntary or 
paid agent or employee of the United States in any capac- 
ity, including an advisory capacity, shall solicit, induce, or 
attempt to induce any person or officer authorized to exe- 
cute or to direct the execution of contracts on behalf of 
the United States to make any contract or give any order 
for the furnishing to the United States of work, labor, or 
services, or of materials, supplies, or other property of any 
kind or character, if such agent or employee has any pecu- 
niary interest in such contract or order, or if he or any 
firm of which he is a member, or corporation, joint-stock 
company, or association of which he is an officer or stock- 
holder, or in the pecuniary profits of which he is directly or 
indirectly interested, shall be a party thereto. Nor shall 
any agent or employee make, or permit any committee or 
other body of which he is a member to make, or participate 
in making, any recommendation concerning such contract 
or order to any council, board, or commission of the United 
States, or any member or subordinate thereof, without mak- 
ing to the best of his knowledge and belief a full and com- 
plete disclosure in writing to such council, board, commis- 
sion, or subordinate of any and every pecuniary interest 
which he may have in such contract or order and of his in- 
terest in any firm, corporation, company, or association be- 
ing a party thereto. Nor shall he participate in the award- 
ing of such contract or giving such order. Any willful vio- 
lation of any of the provisions of this section shall be pun- 
ishable by a fine of not more than $10,000, or by imprison- 
ment of not more than five years, or both: Provided, That 
the provisions of this section shall not change, alter or re- 
peal section forty-one of chapter three hundred and twenty- 
one, Thirty-fifth Statutes at Large. 

Sec. 4. That it is hereby made unlawful for any person 
willfully to destroy any necessaries for the purpose of en- 
hancing the price or restricting the supply thereof; know- 
ingly to commit waste or willfully to permit preventable 
deterioration of any necessaries in or in connection with 
their production, manufacture, or distribution ; to hoard, 
as defined in section six of this Act, any necessaries; to 
monopolize or attempt to monopolize, either locally or gen- 
erally, any necessaries; to engage in any discriminatory 
and unfair, or any deceptive or wasteful practice or device, 
or to make any unjust or unreasonable rate or charge, in 
handling or dealing in or with any necessaries; to con- 
spire, combine, agree, or arrange with any other person, (a) 
to limit the facilities for transporting, producing, harvest- 
ing, manufacturing, supplying, storing, or dealing in any 
necessaries; (hi to restrict the supply of any necessaries; 
fci to restrict distribution of any necessaries; (d) to pre- 



vent, limit, or lessen the manufacture or production of any 
necessaries in order to enhance the price thereof, or (e) to 
exact excessive prices for any necessaries; or to aid or abet 
the doing of any act made unlawful by this section. 

Sec. 5. That, from time to time, whenever the President 
shall find it essential to license the importation, manufac- 
ture, storage, mining, or distribution of any necessaries, in 
order to carry into effect any of the purposes of this Act, 
ami shall publicly so announce, no person shall, after a date 
fixed in the announcement, engage in or carry on any such 
business specified in the announcement of importation, 
manufacture, storage, mining, or distribution of any neces- 
saries as set forth in such announcement, unless he shall 
secure and hold a license issued pursuant to this section. 
The President is authorized to issue such licenses and to 
prescribe regulations for the issuance of licenses and re- 
quirements for systems of accounts and auditing of ac- 
counts to be kept by licensees, submission of reports by 
them, with or without oath or affirmation, and the entry 
and inspection by the President's duly authorized agents of 
the places of business of licensees. Whenever the President 
shall find that any storage charge, commission, profit, or 
practice of any licensee is unjust, or unreasonable, or dis- 
criminatory and unfair, or wasteful, and shall order such 
licensee, within a reasonable time fixed in the order, to 
discontinue the same, unless such order, which shall recite 
the facts found, is revoked or suspended, such licensee shall, 
within the time prescribed in the order, discontinue such 
unjust, unreasonable, discriminatory and unfair storage 
charge, commission, profit, or practice. The President may, 
in lieu of any such unjust, unreasonable, discriminatory, 
and unfair storage charge, commission, profit, or practice, 
find what is a just, reasonable, nondiscriminatory and fair 
storage charge, commission, profit, or practice, and in any 
proceeding brought in any court such order of the President 
shall be prima facie evidence. Any person who, without a 
license issued pursuant to this section, or whose license shall 
have been revoked, knowingly engages in or carries on any 
business for which a license is required under this section, or 
willfully fails or refuses to discontinue any unjust, unrea- 
sonable, discriminatory and unfair storage charge, com- 
mission, profit, or practice, in accordance with the require- 
ment of an order issued under this section, or any regula- 
tion prescribed under this section, shall, upon conviction 
thereof, be punished by a fine not exceeding $5,000, or by 
imprisonment for not more than two years, or both: Pro- 
vided, That this section shall not apply to any farmer, 
gardener, cooperative association of farmers or gardeners, 
including live-stock farmers, or other persons with respect 
to the products of any farm, garden, or other land owned, 
leased, or cultivated by him, nor to any retailer with re- 
spect to the retail business actually conducted by him, nor 
to any common carrier, nor shall anything in this section 
be construed to authorize the fixing or imposition of a duty 
or tax upon any article imported into or exported from the 
United States or any State, Territory, or the District of 
Columbia: Provided further, That for the purposes of this 
Act a retailer shall be deemed to be a person, copartner- 
ship, firm, corporation, or association not engaging in the 
wholesale business whose gross sales do not exceed $100.- 
000 per annum. 7 

Sec. 0. That any person who willfully hoards any neces- 
saries shall upon conviction thereof be fined not exceeding 
$5,000 or be imprisoned for not more than two years, or 
both. Necessaries shall be deemed to be hoarded within the 
meaning of this Act when either (a) held, contracted for, 

" For proclamation concerning food licenses, see p. 41. 



UNITED STATES STATUTES RELATING TO WAR CONDITIONS. 



15 



or arranged for by any person in a quantity in excess of his 
reasonable requirements for use or consumption by himself 
and dependents for a reasonable time; (b) held, contracted 
for, or arranged for by any manufacturer, wholesaler, re- 
tailer, or other dealer in a quantity in excess of the reason- 
able requirements of his business for use or sale by him for 
a reasonable time, or reasonably required to furnish neces- 
saries produced in surplus quantities seasonally throughout 
the period of scant or no production; or (c) withheld, 
whether by possession or under any contract or arrange- 
ment, from the market by any person for the purpose of un- 
reasonably increasing or diminishing the price: Provided, 
That this section shall not include or relate to transac- 
tions on any exchange, board of trade, or similar institu- 
tion or place of business as described in section thirteen 
of this Act that may be permitted by the President under 
the authority conferred upon him by said section thirteen: 
Provided, however, That any accumulating or withholding 
by any farmer or gardener, cooperative association of farm- 
ers or gardeners, including live-stock farmers, or any other 
person, of the products of any farm, garden, or other land 
owned, leased, or cultivated by him shall not be deemed to 
be hoarding within the meaning of this Act. 

Sec. 7. That whenever any necessaries shall be hoarded 
as defined in section six they shall be liable to be pro- 
ceeded against in any district court of the United States 
within the district where the same are found and seized by 
a process of libel for condemnation, and if such necessaries 
shall be adjudged to be hoarded they shall be disposed of 
by sale in such manner as to provide the most equitable dis- 
tribution thereof as the court may direct, and the proceeds 
thereof, less the legal costs and charges, shall be paid to the 
party entitled thereto. The proceedings of such libel cases 
shall conform as near as may be to the proceedings in ad- 
miralty, except that either party may demand trial by jury 
of any issue of fact joined in any such case, and all such 
proceedings shall be at the suit of and in the name of the 
United States. It shall be the duty of the United States 
attorney for the proper district to institute and prosecute 
any such action upon presentation to him of satisfactory 
evidence to sustain the same. 

Sec. 8. That any person who willfully destroys any 
necessaries for the purpose of enhancing the price or re- 
stricting the supply thereof shall, upon conviction thereof, 
be fined not exceeding $5,000 or imprisonment for not more 
than two years, or both. 

Sec. 9. That any person who conspires, combines, agrees, 
or arranges with any other person (a) to limit the facili- 
ties for transporting, producing, manufacturing, supplying, 
storing, or dealing in any necessaries; (b) to restrict the 
supply of any necessaries; (c) to restrict the distribution 
of any necessaries; (d) to prevent, limit, or lessen the man- 
ufacture or production of any necessaries in order to en- 
hance the price thereof shall, upon conviction thereof, be 
fined not exceeding $10,000 or be imprisoned for not more 
than two years, or both. 

Sec. 10. That the President is authorized, from time to 
time, to requisition foods, feeds, fuels, and other supplies 
necessary to the support of the Army or the maintenance of 
the Navy, or any other public use connected with the com- 
mon defense, and to requisition, or otherwise provide, 
storage facilities for such supplies; and he shall ascertain 
and pay a just compensation therefor. If the compensation 
so determined be not satisfactory to the person entitled to 
receive the same, such person shall be paid seventy-five per 
centum of the amount so determined by the President, and 
shall be entitled to sue the United States to recover such 



further sum as, added to said seventy-five per centum will 
make up such amount as will be just compensation for such 
necessaries or storage space, and jurisdiction is hereby con- 
ferred on the United States District Courts to hear and 
determine all such controversies: Provided, That nothing in 
this section, or in the section that follows, shall be con- 
strued to require any natural person to furnish to the Gov- 
ernment any necessaries held by him and reasonably re- 
quired for consumption or use by himself and dependents, 
nor shall any person, firm, corporation, or association be 
required to furnish to the Government any seed necessary 
for the seeding of land owned, leased, or cultivated by them. 

Sec. 11. That the President is authorized from time to 
time to purchase, to store, to provide storage facilities for, 
and to sell for cash at reasonable prices, wheat, flour, meal, 
beans, and potatoes: Provided, That if any minimum price 
shall have been theretofore fixed, pursuant to the provi- 
sions of section fourteen of this Act, then the price paid 
for any such articles so purchased shall not be less than such 
minimum price. Any moneys received by the United States 
from or in connection with the disposal by the United 
States of necessaries under this section may, in the discre- 
tion of the President, be used as a revolving fund for fur- 
ther carrying out the purposes of this section. Any bal- 
ance of such moneys not used as part of such revolving fund 
shall be covered into the Treasury as miscellaneous receipts. 

Sec. 12. That whenever the President shall find it neces- 
sary to secure an adequate supply of necessaries for the 
support of the Army or the maintenance of the Navy, or 
for any other public use connected with the common de- 
fense, he is authorized to requisition and take over, for use 
or operation by the Government, any factory, packing house, 
oil pipe line, mine, or other plant, or any part thereof, in 
or through which any necessaries are or may be manufac- 
tured, produced, prepared, or mined, and to operate the 
same. Whenever the President shall determine that the 
further use or operation by the Government of any such 
factory, mine, or plant, or part thereof, is not essential for 
the national security or defense, the same shall be restored 
to the person entitled to the possession thereof. The 
United States shall make just compensation, to be deter- 
mined by the President, for the taking over, use, occupa- 
tion, and operation by the Government of any such factory, 
mine, or plant, or part thereof. If the compensation so de- 
termined be unsatisfactory to the person entitled to receive 
the same, such person shall be paid seventy-five per centum 
of the amount so determined by the President, and shall be 
entitled to sue the United States to recover such further 
sum as, added to said seventy-five per centum, will make up 
such amounts as will be just compensation, in the manner 
provided by section twenty-four, paragraph twenty, and 
section one hundred and forty-five of the Judicial Code. 
The President is authorized to prescribe such regulations as 
he may deem essential for carrying out the purposes of this 
section, including the operation of any such factory, mine, 
or plant, or part thereof, the purchase, sale, or other dis- 
position of articles used, manufactured, produced, prepared, 
or mined therein, and the employment, control, and com- 
pensation of employees. Any moneys received by the 
United States from or in connection with the use or opera- 
tion of any such factory, mine, or plant, or part thereof, 
may, in the discretion of the President, be used as a revolv- 
ing fund for the purpose of the continued use or operation 
of any such factory, mine, or plant, or part thereof, and 
the accounts of each such factory, mine, plant, or part 
thereof, shall be kept separate and distinct. Any balance 
of such moneys not used as part of such revolving fund 
shall be paid into the Treasury as miscellaneous receipts. 



16 



WAR REPRINTS. NO. 7. 



Sec. 13. That whenever the President finds it essential 
in order to prevent undue enhancement, depression, or 
fluctuation of prices of, or in order to prevent injurious 
speculation in, or in order to prevent unjust market man- 
ipulation or unfair and misleading market quotations of 
the prices of necessaries, hereafter in this section called 
evil practices, he is authorized to prescribe such regulations 
governing, or may either wholly or partly prohibit, opera- 
tions, practices, and transactions at, on, in, or under the 
rules of any exchange, board of trade, or similar institution 
or place of business as he may find essential in order to pre- 
vent, correct, or remove such evil practices. . . . 

Sec. 14. That whenever the President shall find that an 
emergency exists requiring stimulation of the production 
of wheat and that it is essential that the producers of 
wheat, produced within the United States, shall have the 
benefits of the guaranty provided for in this section, he is 
authorized, from time to time, seasonably and as far in ad- 
vance of seeding time as practicable, to determine and fix 
and to give public notice of what, under specified condi- 
tions, is a reasonable guaranteed price for wheat, in order 
to assure such producers a reasonable profit. The Presi- 
dent shall thereupon fix such guaranteed price for each of 
the official grain standards for wheat as established under 
the United States grain standards Act, approved August 
eleventh, nineteen hundred and sixteen. The President 
shall from time to time establish and promulgate such 
regulations as he shall deem wise in connection with such 
guaranteed prices, and in particular governing conditions of 
delivery and payment, and differences in price for the sev- 
eral standard grades in the principal primary markets of 
the United States, adopting number one northern spring or 
its equivalent at the principal interior primary markets as 
the basis. Thereupon, the Government of the United States 
hereby guarantees every producer of wheat produced within 
the United States, that, upon compliance by him with the 
regulations prescribed, he shall receive for any wheat pro- 
duced in reliance upon this guarantee within the period, 
not exceeding eighteen months, prescribed in the notice, a 
price not less than the guaranteed price therefor as fixed 
pursuant to this action. In such regulations the President 
shall prescribe the terms and conditions upon which any 
such producer shall be entitled to the benefits of such guar- 
anty. The guaranteed prices for the several standard 
grades of wheat for the crop of nineteen hundred and 
eighteen, shall be based upon number one northern spring 
or its equivalent at not less than $2 per bushel at the prin- 
cipal interior primary markets. This guaranty shall not 
be dependent upon the action of the President under the 
first part of this section, but is hereby made absolute and 
shall be binding until May first, nineteen hundred and nine- 
teen. When the President finds that the importation into 
the United States of any wheat produced outside of the 
United States materially enhances or is likely materially 
to enhance the liabilities of the United States under guar- 
anties of prices therefor made pursuant to this section, and 
ascertains what rate of duty, added to the then existing 
rate of duty on wheat and to the value of wheat at the 
time of importation, would be sufficient to bring the price 
thereof at which imported up to the price fixed therefor 
pursuant to the foregoing provisions of this section, he 
shall proclaim such facts, and thereafter there shall be 
levied, collected, and paid upon wheat when imported, in 
addition to the then existing rate of duty, the rate of duty 
so ascertained; but in no case shall any such rate of duty 
be fixed at an amount which will effect a reduction of the 
rate of duty upon wheat under any then existing tariff law 
of the United States. For the purpose of making any 



guaranteed price effective under this section, or whenever he 
deems it essential in order to protect the Government of 
the United States against material enhancement of its lia- 
bilities arising out of any guaranty under this section, the 
President is authorized also, in his discretion, to purchase 
any wheat for which a guaranteed price shall be fixed un- 
der this section, and to hold, transport, or store it, or to 
sell, dispose of, and deliver the same to any citizen of the 
United States or to any Government engaged in war with 
any country with which the Government of the United 
States is or may be at war or to use the same as supplies 
for any department or agency of the Government of the 
United States. Any moneys received by the United States 
from or in connection with the sale or disposal of wheat 
under this section may, in the discretion of the President, 
be used as a revolving fund for further carrying out the 
purposes of this section. Any balance of such moneys not 
used as part of such revolving fund shall be covered into 
the Treasury as miscellaneous receipts. 

Sec. 15. That from and after thirty days from the date 
of the approval of this Act no foods, fruits, food materials, 
or feeds shall be used in the production of distilled spirits 
for beverage purposes: Provided, That under such rules, 
regulations, and bonds as the President may prescribe, such 
materials may be used in the production of distilled spirits 
exclusively for other than beverage purposes, or for the for- 
tification of pure sweet wines as defined by the Act en- 
titled "An Act to increase the revenue, and for other pur- 
poses," approved September eighth, nineteen hundred and 
sixteen. Nor shall there be imported into the United 
States any distilled spirits. Whenever the President shall 
find that limitation, regulation, or prohibition of the use of 
foods, fruits, food materials, or feeds in the production of 
malt or vinous liquors for beverage purposes, or that re- 
duction of the alcoholic content of any such malt or vinous 
liquor, is essential, in order to assure an adequate and con- 
tinuous supply of food, or that the national security and 
defense will be subserved thereby, he is authorized, from 
time to time, to prescribe and give public notice of the ex- 
tent of the limitation, regulation, prohibition, or reduction 
so necessitated. Whenever such notice shall have been 
given and shall remain unrevoked no person shall, after a 
reasonable time prescribed in such notice, use any foods, 
fruits, food materials, or feeds in the production of malt 
or vinous liquors, or import any such liquors except under 
license issued by the President and in compliance with rules 
and regulations determined by him governing the produc- 
tion and importation of such liquors and the alcoholic con- 
tent thereof. Any person who willfully violates the pro- 
visions of this section, or who shall use any foods, fruits, 
food materials, or feeds in the production of malt or vinous 
liquors, or who shall import any such liquors, without first 
obtaining a license so to do when a license is required un- 
der this section, or who shall violate any rule or regulation 
made under this section, shall be punished by a fine not 
exceeding $5,000. or by imprisonment for not more than 
two years, or both: Provided further, That nothing in this 
section shall be construed to authorize the licensing of the 
manufacture of vinous or malt liquors in any State. Terri- 
tory, or the District of Columbia, or any civil subdivision 
thereof, where the manufacture of such vinous or malt 
liquor is prohibited. 

Sec. 16. That the President is authorized and directed to 
commandeer any or all distilled spirits in bond or in stock 
at the date of the approval of this Act for redistillation, in 
so far as such redistillation may be necessary to meet the 
requirements of the Government in the manufacture of mu- 
nitions and other military and hospital supplies, or in so 



UNITED STATES STATUTES RELATING TO WAR CONDITIONS. 



17 



far as such redistillation would dispense with the necessity 
of utilizing products and materials suitable for foods and 
feeds in the future manufacture of distilled spirits for the 
purposes herein enumerated. The President shall deter- 
mine and pay a just compensation for the distilled spirits so 
commandeered; and if the compensation so determined be 
not satisfactory to the person entitled to receive the same, 
such person shall be paid seventy-five per centum of the 
amount so determined by the President and shall be en- 
titled to sue the United States to recover such further sum 
as, added to said seventy-five per centum, will make up such 
amount as will be just compensation for such spirits, in 
the manner provided by section twenty-four, paragraph 
twenty, and section one hundred and forty-five of the Ju- 
dicial Code. 

Sec. 17. That every person who willfully assaults, re- 
sists, impedes, or interferes with any officer, employee, or 
agent of the United States in the execution of any duty 
authorized to be performed by or pursuant to this Act shall 
upon conviction thereof be fined not exceeding $1,000 or be 
imprisoned for not more than one year, or both. . . . 

Sec. 24. That the provisions of this Act shall cease to be 
in effect when the existing state of war between the United 
States and Germany shall have terminated, and the fact 
and date of such termination shall be ascertained and pro- 
claimed by the President; but the termination of this Act 
shall not affect any act done, or any right or obligation ac- 
cruing or accrued, or any suit or proceeding had or com- 
menced in any civil case before the said termination pur- 
suant to this Act; but all rights and liabilities under this 
Act arising before its termination shall continue and may 
be enforced in the same manner as if the Act had not ter- 
minated. Any offense committed and all penalties, for- 
feitures, or liabilities incurred prior to such termination 
may be prosecuted or punished in the same manner and with 
the same effect as if this Act had not been terminated. 

Sec. 25. That the President of the United States shall be, 
and he is hereby, authorized and empowered, whenever and 
wherever in his judgment necessary for the efficient prose- 
cution of the war, to fix the price of coal and coke, wher- 
ever and whenever sold, either by producer or dealer, to 
establish rules for the regulation of and to regulate the 
method of production, sale, shipment, distribution, appor- 
tionment, or storage thereof among dealers and consumers, 8 
domestic or foreign: said authority and power may be ex- 
ercised by him in each case through the agency of the Fed- 
eral Trade Commission during the war or for such part of 
said time as in his judgment may be necessary. 

That if, in the opinion of the President, any such pro- 
ducer or dealer fails or neglects to conform to such prices 
or regulations, or to conduct his business efficiently under 
the regulations and control of the President as aforesaid, or 
conducts it in a manner prejudicial to the public interest, 
then the President is hereby authorized and empowered in 
every such ease to requisition and take over the plant, busi- 
ness, and all appurtenances thereof belonging to such pro- 
ducer or dealer as a going concern, and to operate or cause 
the same to be operated in such manner and through such 
agency as he may direct during the period of the war or 
for such part of said time as in his judgment may be neces- 
sary. 

That any producer or dealer whose plant, business, and 
appurtenances shall have been requisitioned or taken over 
by the President shall be paid a just compensation for the 
use thereof during the period that the same may be requisi- 
tioned or taken over as aforesaid, which compensation the 

8 For priorities list issued in April, 1918, see p. 46. 



President shall fix or cause to be fixed by the Federal Trade 
Commission. 

That if the prices so fixed, or if, in the case of the taking 
over or requisitioning of the mines or business of any such 
producer or dealer the compensation therefor as determined 
by the provisions of this Act be not satisfactory to the per- 
son or persons entitled to receive the same, such person 
shall be paid seventy-five per centum of the amount so de- 
termined, and shall be entitled to sue the United States to 
recover such further sum as, added to said seventy-five per 
centum, will make up such amount as will be just compen- 
sation in the manner provided by section twenty-four, para- 
graph twenty, and section one hundred and forty-five of the 
Judicial Code. 

While operating or causing to be operated any such 
plants or business, the President is authorized to prescribe 
such regulations as he may deem essential for the employ- 
ment, control, and compensation of the employees necessary 
to conduct the same. 

Or if the President of the United States shall he of the 
opinion that he can thereby better provide for the common 
defense, and whenever, in his judgment, it shall be neces- 
sary for the efficient prosecution of the war, then he is 
hereby authorized and empowered to require any or all pro- 
ducers of coal and coke, either in any special area or in any 
special coal fields, or in the entire United States, to sell 
their products only to the United States through an 
agency to be designated by the President, such agency to 
regulate the resale of such coal and coke, and the prices 
thereof, and to establish rules for the regulation of and to 
regulate the methods of production, shipment, distribution, 
apportionment, or storage thereof among dealers and con- 
sumers, domestic or foreign, and to make payment of the 
purchase price thereof to the producers thereof, or to the 
person or persons legally entitled to said payment. . . . 

All such products so sold to the United States shall be 
sold by the United States at such uniform prices, quality 
considered, as may be practicable and as may be determined 
by said agency to be just and fair. 

Any moneys received by the United States for the sale of 
any such coal and coke may, in the discretion of the Presi- 
dent, be used as a revolving fund for further carrying out 
the purposes of this section. Any moneys not so used shall 
be covered into the Treasury as miscellaneous receipts. 

That when directed by the President, the Federal Trade 
Commission is hereby required to proceed to make full in- 
quiry, giving such notice as it may deem practicable, into 
the cost of producing under reasonably efficient manage- 
ment at the various places of production the following com- 
modities, to wit, coal and coke. . . . 

Whoever shall, with knowledge that the prices of any 
such commodity have been fixed as herein provided, ask, 
demand, or receive a higher price, or whoever shall, with 
knowledge that the regulations have been prescribed as 
herein provided, violate or refuse to conform to any of the 
same, shall, upon conviction, be punished by fine of not 
more than $5,000. or by imprisonment for not more than 
two years, or both. Each independent transaction shall 
constitute a separate offense. 

Nothing in this section shall be construed as restricting 
or modifying in any manner the right the Government of 
the United States may have in its own behalf or in behalf 
of any other Government at war with Germany to pur- 
chase, requisition, or take over any such commodities for 
the equipment, maintenance, or support of armed forces at 
any price or upon any terms that may be agreed upon or 
otherwise lawfully determined. 

Sec. 26. That any person carrying on or employed in 



IS 



WAR REPRINTS, NO. 



commerce among the several States, or with foreign na- 
tions, or with or in the Territories or other possessions of 
the United States in any article suitable for human food, 
fuel, or other necessaries of life, who, either in his indi- 
vidual capacity or as an officer, agent, or employee of a 
corporation or member of a partnership carrying on or em- 
ployed in such trade, shall store, acquire, or hold, or who 
shall destroy or make away with any such article for the 
purpose of limiting the supply thereof to the public or 
affecting the market price thereof in such commerce, 
whether temporarily or otherwise, shall be deemed guilty of 
a felony and, upon conviction thereof, shall be punished by 
a line of not more than $5,000 or by imprisonment for not 
more than two years, or both: Provided, That any storing 
or holding by any farmer, gardener, or other person of the 
products of any farm, garden, or other land cultivated by 
him shall not be deemed to be a storing or holding within 
the meaning of this Act: Provided further, That farmers 
and fruit growers, cooperative and other exchanges, or so- 
cieties of a similar character shall not be included within 
the provisions of this section: Provided further, That this 
section shall not be construed to prohibit the holding or 
accumulating of any such article by any such person in a 
quantity not in excess of the reasonable requirements of his 
business for a reasonable time or in a quantity reasonably 
required to furnish said articles produced in surplus quan- 
tities seasonably throughout the period of scant or no pro- 
duction. Nothing contained in this section shall be con- 
strued to repeal the Act entitled "An Act to protect trade 
and commerce against unlawful restraints and monopolies," 
approved July second, eighteen hundred and ninety, com- 
monly known as the Sherman Antitrust Act. 

Sec. 27. That the President is authorized to procure, or 
aid in procuring, such stocks of nitrate of soda as he may 
determine to be necessary, and find available, for increas- 
ing agricultural production during the calendar years nine- 
teen hundred and seventeen and eighteen, and to dispose of 
the same for cash at cost, including all expenses connected 
therewith. For carrying out the purposes of this section, 
there is hereby appropriated, out of any moneys in the 
Treasury not otherwise appropriated, available immediately 
and until expended, the sum of $10,000,000, or so much 
thereof as may be necessary, and the President is author- 
ized to make such regulations, and to use such means and 
agencies of the Government, as, in his discretion, he may 
deem best. The proceeds arising from the disposition of 
the nitrate of soda shall go into the Treasury as miscel- 
laneous receipts. 

Approved, August 10, 1917. 

Act Providing for Second Liberty Loan, September 
24, 1917. 

An Act To authorize an additional issue of bonds to meet 
expenditures for the national security and defense, and, for 
the purpose of assisting in the prosecution nf the war. to 
extend additional credit to foreign Governments, and for 
other purposes. 

Be it enacted by the Senate and House of Representatives 
of tin- United States of America in Congress assembled, 
That the Secretary of the Treasury, with the approval of 
the President, is hereby authorized to borrow, from time 
to time, on the credit of the United States for the pur- 
poses of this Act, and to meet expenditures authorized for 
the national security and defense and other public purposes 
authorized by law, not exceeding in the aggregate 
$7.. r )38,94. r >.400, and to issue therefor bonds of the United 
States, in addition to the $2,000,000,000 bonds already is- 
sued or offered for subscription under authority of the Act 



approved April twenty-fourth, nineteen hundred and seven- 
teen. . . . 

The bonds herein authorized shall be in such form or 
forms and denomination or denominations and subject to 
such terms and conditions of issue, conversion, redemption, 
maturities, payment, and rate or rates of interest, not ex- 
ceeding four per centum per annum, and time or times of 
payment of interest, as the Secretary of the Treasury from 
time to time at or before the issue thereof may prescribe. 
The principal and interest thereof shall be payable in 
United States gold coin of the present standard of value. 

The bonds herein authorized shall from time to time first 
be offered at not less than par as a popular loan, under 
such regulations, prescribed by the Secretary of the Treas- 
ury from time to time, as will in his opinion give the peo- 
ple of the United States as nearly as may be an equal 
opportunity to participate therein, but he may make allot- 
ment in full upon applications for smaller amounts of 
bonds in advance of any date which he may set for the 
closing of subscriptions and may reject or reduce allot- 
ments upon later applications and applications for larger 
amounts, and may reject or reduce allotments upon appli- 
cations from incorporated banks and trust companies for 
their own account and make allotment in full or larger 
allotments to others, and may establish a graduated scale 
of allotments, and may from time to time adopt any or all 
of said methods, should any such action be deemed by him 
to be in the public interest: Provided, That such reduction 
or increase of allotments of such bonds shall be made under 
general rules to be prescribed by said Secretary and shall 
apply to all subscribers similarly situated. And any por- 
tion of the bonds so offered and not taken may be otherwise 
disposed of by the Secretary of the Treasury in such man- 
ner and at such price or prices, not less than par, as he 
may determine. . . . 

Sec. 4. That in connection with the issue of any series 
of bonds under the authority of section one of this Act the 
Secretary of the Treasury may determine that the bonds of 
such series shall be convertible as provided in or pursuant 
to this section, and. in any such case, he may make appro- 
priate provision to that end in offering for subscription the 
bonds of such series (hereinafter called convertible bonds). 
In any case of the issue of a series of convertible bonds, 
if a subsequent series of bonds (not including United 
States certificates of indebtedness, war savings certificates, 
and other obligations maturing not more than five years 
from the issue of such obligations, respectively) bearing in- 
terest at a higher rate shall, under the authority of this or 
any other Act, be issued by the United States before the 
termination of the war between the United States and the 
Imperial German Government, then the holders of such con- 
vertible bonds shall have the privilege, at the option of the 
several holders, at any time within such period, after the 
public offering of bonds of such subsequent series, and un- 
der such rules and regulations as the Secretary of the 
Treasury shall have prescribed, of converting their bonds, 
at par, into bonds bearing such higher rate of interest at 
such price not less than par as the Secretary of the Treas- 
ury shall have prescribed. . . . 

Section 5. That in addition to the bonds authorized by 
section one of this Act the Secretary of the Treasury is au- 
thorized to borrow from time to time, on the credit of the 
United States, for the purposes of this Act and to meet pub- 
lic expenditures authorized by law, such sum or sums as in 
his judgment may be necessary, and to issue therefor certi- 
ficates of indebtedness of the United States at not less than 
par in such form or forms and subject to such terms and 
conditions and at such rate or rates of interest as he may 



UNITED STATES STATUTES RELATING TO WAR CONDITIONS. 



19 



prescribe; and each certificate so issued shall be payable at 
such time not exceeding one year from the date of its issue, 
and may be redeemable before maturity upon such terms 
and conditions, and the interest accruing thereon shall be 
payable at such time or times as the Secretary of the Treas- 
ury may prescribe. The sum of such certificates outstand- 
ing hereunder and under section six of said Act approved 
April twenty-fourth, nineteen hundred and seventeen, shall 
not at any one time exceed in the aggregate $4,000,000,000. 

Sec. 6. That in addition to the bonds authorized by sec- 
tion one of this Act and the certificates of indebtedness au- 
thorized by section five of this Act, the Secretary of the 
Treasury is authorized to borrow from time to time, on the 
credit of the United States, for the purposes of this Act 
and to meet public expenditures authorized by law, such 
sum or sums as in his judgment may be necessary, and to 
issue therefor, at such price or prices and upon such terms 
and conditions as he may determine, war-savings certificates 
of the United States on which interest to maturity may be 
discounted in advance at such rate or rates and computed 
in such manner as he may prescribe. Such war-savings cer- 
tificates shall be in such form or forms and subject to such 
terms and conditions, and may have such provisions for 
payment thereof before maturity, as the Secretary of the 
Treasury may prescribe. Each war-saving certificate so is- 
sued shall be payable at such time, not exceeding five years 
from the date of its issue, and may be redeemable before 
maturity, upon such terms and conditions as the Secretary 
of the Treasury may prescribe. The sum of such war- 
savings certificates outstanding shall not at any one time ex- 
ceed in the aggregate $2,000,000,000. The amount of war- 
savings certificates sold to any one person at any one time 
shall not exceed $100, and it shall not be lawful for any one 
person at any one time to hold war-savings certificates to 
an aggregate amount exceeding $1,000. The Secretary of 
the Treasury may, under such regulations and upon such 
terms and conditions as he may prescribe, issue, or cause to 
be issued, stamps to evidence payments for or on account 
of such certificates. 

Sec. 7. That none of the bonds authorized by section one, 
nor of the certificates authorized by section five, or by sec- 
tion six, of this Act, shall bear the circulation privilege. 
All such bonds and certificates shall be exempt, both as to 
principal and interest from all taxation now or hereafter 
imposed by the United States, any State, or any of the pos- 
sessions of the United States, or by any local taxing au- 
thority, except (a) estate or inheritance taxes, and (b) 
graduated additional income taxes, commonly known as sur- 
taxes, and excess profits and war-profits taxes, now or here- 
after imposed by the United States, upon the income or 
profits of individuals, partnerships, associations, or cor- 
porations. The interest on an amount of such bonds and 
certificates the principal of which does not exceed in the 
aggregate $5,000, owned by any individual, partnership, as- 
sociation, or corporation, shall be exempt from the taxes 
provided for in subdivision (b) of this section. . . . 

Sec. 9. That in connection with the operations of adver- 
tising, selling, and delivering any bonds, certificates of in- 
debtedness, or war-savings certificates of the United States 
provided for in this Act, the Postmaster General, under 
such regulations as he may prescribe, shall require, at the 
request of the Secretary of the Treasury, the employees of 
the Post Office Department and of the Postal Service to 
perform such services as may be necessary, desirable, or 
practicable, without extra compensation. 

Sec. 13. That for the purposes of this Act the date of the 
termination of the war between the United States and the 



Imperial German Government shall be fixed by proclama- 
tion of the President of the United States.* 
Approved, September 24, 1917. 

Act Creating an Aibcbaft Board, October 1, 1917. 

Be it enacted by the Senate and House of Representatives 
of the United States of America in Congress assembled, 
That for the purpose of expanding and coordinating the in- 
dustrial activities relating to aircraft, or parts of aircraft, 
produced for any purpose in the United States, and to facil- 
itate generally the development of air service, a board is 
hereby created, to be known as the Aircraft Board, herein- 
after referred to as the board. 

Sec. 2. That the board shall number not more than nine 
in all, and shall include a civilian chairman, the Chief Sig- 
nal Officer of the Army, and two other officers of the Army, 
to be appointed by the Secretary of War; the Chief Con- 
structor of the Navy and two other officers of the Navy, to 
be appointed by the Secretary of the Navy; and two addi- 
tional civilian members. The chairman and civilian mem- 
bers shall be appointed by the President, by and with the 
advice and consent of the Senate. 

Sec. 3. That said board and tenure of office of the mem- 
bers thereof shall continue during the pleasure of the Presi- 
dent, but not longer than six months after the present war. 
The civilian members of the board shall serve without com- 
pensation. 

Sec. 4. That the board is hereby empowered, under the 
direction and control of and as authorized by the Secretary 
of War and the Secretary of the Navy, respectively, on be- 
half of the Departments of War and Navy, to supervise and 
direct, in accordance with the requirements prescribed or 
approved by the respective departments, the purchase, pro- 
duction, and manufacture of aircraft, engines, and all 
ordnance and instruments used in connection therewith, and 
accessories and materials therefor, including the purchase, 
lease, acquisition, or construction of plants for the manufac- 
ture of aircraft, engines, and accessories: Provided, That 
the board may make recommendations as to contracts and 
their distribution in connection with the foregoing, but 
every contract shall be made by the already constituted au- 
thorities of the respective departments. 

Sec. 5. That the board is also empowered to employ, 
either in the District of Columbia or elsewhere, such clerks 
and other employees as may be necessary to the conduct of 
its business, including such technical experts and advisers 
as may be found necessary, and to fix their salaries. Such 
salaries shall conform to those usually paid by the Gov- 
ernment for similar service: Provided, That by unanimous 
approval of the board higher compensation may be paid to 
technical experts and advisers. . . . 

Approved, October 1, 1917. 

Wab Revenue Act,i" October 3, 1917. 

An Act To provide revenue to defray war expenses, and 
for other purposes. 

Be it enacted by the Senate and House of Representative* 
of the United States of America in Congress assemble'!, 

Title I. — War Income Tax. 
Section 1. That in addition to the normal tax imposed 
by subdivision (a) of section one of the Act entitled "An 
Act to increase the revenue, and for other purposes," ap- 
proved September eighth, nineteen hundred and sixteen, 

o For proclamation concerning the loan, see p. 42. 
io It has been found impracticable to print here the entire 
act. The full text would occupy over forty pages. 



WAR REPRINTS, NO. 7. 



there shall be levied, assessed, collected, and paid a like 
normal tax of two per centum upon the income of every in- 
dividual, a citizen or resident of the United States, received 
in the calendar year nineteen hundred and seventeen and 
every calendar year thereafter. 

Sec. 2. That in addition to the additional tax imposed by 
subdivision (b) of section one of such Act of September 
eighth, nineteen hundred and sixteen, there shall be levied, 
assessed, collected, and paid a like additional tax upon the 
income of everj' individual received in the calendar year 
nineteen hundred and seventeen and every calendar year 
thereafter, as follows: 

One per centum per annum upon the amount by which 
the total net income exceeds $5,000 and does not exceed 
$7,500; 

Two per centum per annum upon the amount by which 
the total net income exceeds $7,500 and does not exceed 
$10,000; 

Three per centum per annum upon the amount by which 
the total net income exceeds $10,000 and does not exceed 
$12,500; 

Four per centum per annum upon the amount by which 
the total net income exceeds $12,500 and does not exceed 
$15,000; 

Five per centum per annum upon the amount by which 
the total net income exceeds $15,000 and does not exceed 
$20,000; 

Seven per centum per annum upon the amount by which 
the total net income exceeds $20,000 and does not exceed 
$40,000; 

Ten per centum per annum upon the amount by which 
the total net income exceeds $40,000 and does not exceed 
$60,000; 

Fourteen per centum per annum upon the amount by 
which the total net income exceeds $00,000 and does not 
exceed $80,000; 

Eighteen per centum per annum upon the amount by 
which the total net income exceeds $80,000 and does not 
exceed $100,000; 

Twenty-two per centum per annum upon the amount by 
which the total net income exceeds $100,000 and does not 
exceed $150,000; 

Twenty-five per centum per annum upon the amount by 
which the total net income exceeds $150,000 and does not 
exceed $200,000; 

Thirty per centum per annum upon the amount by which 
the total net income exceeds $200,000 and does not exceed 
$250,000; 

Thirty-four per centum per annum upon the amount by 
which the total net income exceeds $250,000 and does not 
exceed $300,000; 

Thirty-seven per centum per annum upon the amount by 
which the total net income exceeds $300,000 and does not 
exceed $500,000; 

Forty per centum per annum upon the amount by which 
the total net income exceeds $500,000 and does not exceed 
$750,000. 

Forty-five per centum per annum upon the amount by 
which the total net income exceeds $750,000 and does not 
exceed $1,000,000; 

Fifty per centum per annum upon the amount by which 
the total net income exceeds $1,000,000. 

Sec. 3. That the taxes imposed by sections one and two 
of this Act shall be computed, levied, assessed, collected, 
and paid upon the same basis and in the same manner as 
the similar taxes imposed by section one of such Act of 
September eighth, nineteen hundred and sixteen, except that 



in the case of the tax imposed by section one of this Act 
(a) the exemptions of $3,000 and $4,000 provided in sec- 
tion seven of such Act of September eighth, nineteen hun- 
dred and sixteen, as amended by this Act, shall be, re- 
spectively, $1,000 and $2,000, and (b) the returns required 
under subdivisions (b) and (c) of section eight of such Act 
as amended by this Act shall be required in the case of net 
incomes of $1,000 or over, in the case of unmarried persons, 
and $2,000 or over in the case of married persons, instead 
of $3,000 or over, as therein provided, and (c) the provi- 
sions of subdivision (c) of section nine of such Act, as 
amended by this Act, requiring the normal tax of indi- 
viduals on income derived from interest to be deducted and 
withheld at the source of the income shall not apply to the 
new two per centum normal tax prescribed in section one 
of this Act until on and after January first, nineteen hun- 
dred and eighteen, and thereafter only one two per centum 
normal tax shall be deducted and withheld at the source un- 
der the provisions of such subdivision (c), and any further 
normal tax for which the recipient of such income is liable 
under this Act or such Act of September eighth, nineteen 
hundred and sixteen, as amended by this Act, shall be paid 
by such recipient. 

Sec. 4. That in addition to the tax imposed by sub- 
division (a) of section ten of such Act of September eighth, 
nineteen hundred and sixteen, as amended by this Act, there 
shall be levied, assessed, collected, and paid a like tax of 
four per centum upon the income received in the calendar 
year nineteen hundred and seventeen and every calendar 
year thereafter, by every corporation, joint-stock company 
or association, or insurance company, subject to the tax im- 
posed by that subdivision of that section, except that if it 
has fixed its own fiscal year, the tax imposed by this section 
for the fiscal year ending during the calendar year nineteen 
hundred and seventeen shall be levied, assessed, collected, 
and paid only on that proportion of its income for such fis- 
cal year which the period between January first, nineteen 
hundred and seventeen, and the end of such fiscal year bears 
to the whole of such fiscal year. 

The tax imposed by this section shall be computed, 
levied, assessed, collected, and paid upon the same incomes 
and in the same manner as the tax imposed by subdivision 
(a) of section ten of such Act of September eighth, nine- 
teen hundred and sixteen, as amended by this Act, except 
that for the purpose of the tax imposed by this section the 
income embraced in a return of a corporation, joint-stock 
company or association, or insurance company, shall be 
credited with the amount received as dividends upon the 
stock or from the net earnings of any other corporation, 
joint-stock company or association, or insurance company, 
which is taxable upon its net income as provided in this 
title. 

Sec. 5. That the provisions of this title shall not extend 
to Porto Rico or the Philippine Islands, and the Porto 
Rican or Philippine Legislature, shall have power by due 
enactment to amend, alter, modify, or repeal the income 
tax laws in force in Porto Rico or the Philippine Islands, 
respectively. 

Title II. — Wak Excess Profits Tax. 

Sec. 200. That when used in this title — 

The term " corporation " includes joint-stock companies 
or associations and insurance companies; 

The term " domestic " means created under the law of 
the United States, or of any State, Territory, or District 
thereof, and the term " foreign " means created under the 
law of any other possession of the United States or of any 
foreign country or government; 



UNITED STATES STATUTES RELATING TO WAR CONDITIONS. 



21 



The term " United States " means only the States, the 
Territories of Alaska and Hawaii, and the District of 
Columbia; 

The term " taxable year " means the twelve months end- 
ing December thirty-first, excepting in the case of a cor- 
poration or partnership which has fixed its own fiscal year, 
in which case it means such fiscal year. The first taxable 
year shall be the year ending December thirty-first, nine- 
teen hundred and seventeen, except that in the case of a cor- 
poration or partnrship which has fixed its own fiscal year, 
it shall be the fiscal year ending during the calendar year 
nineteen hundred and seventeen. If a corporation or part- 
nership, prior to March first, nineteen hundred and 
eighteen, makes a return covering its own fiscal year, and 
includes therein the income received during that part of the 
fiscal year falling within the calendar year nineteen hundred 
and sixteen, the tax for such taxable year shall be that pro- 
portion of the tax computed upon the net income during 
such full fiscal year which the time from January first, 
nineteen hundred and seventeen, to the end of such fiscal 
year bears to the full fiscal year; and 

The term " prewar period " means the calendar years 
nineteen hundred and eleven, nineteen hundred and twelve, 
and nineteen hundred and thirteen, or, if a corporation or 
partnership was not in existence or an individual was not 
engaged in a trade or business during the whole of such 
period, then as many of such years during the whole of 
which the corporation or partnership was in existence or 
the individual was engaged in the trade or business. 

The terms " trade " and " business " include professions 
and occupations. 

The term " net income " means in the case of a foreign 
corporation or partnership or a nonresident alien indi- 
vidual, the net income received from sources within the 
United States. 

Sec. 201. That in addition to the taxes under existing 
law and under this act there shall be levied, assessed, col- 
lected, and paid for each taxable year upon the income of 
every corporation, partnership, or individual, a tax (here- 
inafter in this title referred to as the tax) equal to the 
following percentages of the net income: 

Twenty per centum of the amount of the net income in 
excess of the deduction (determined as hereinafter pro- 
vided ) and not in excess of fifteen per centum of the in- 
vested capital for the taxable year; 

Twenty-five per centum of the amount of the net income 
in excess of fifteen per centum and not in excess of twenty 
per centum of such capital; 

Thirty-five per centum of the amount of the net income 
in excess of twenty per centum and not in excess of twenty- 
five per centum of such capital ; 

Forty-five per centum of the amount of the net income 
in excess of twenty-five per centum and not in excess of 
thirty -three per centum of such capital; and 

Sixty per centum of the amount of the net income in ex- 
cess of thirty-three per centum of such capital. 

For the purpose of this title every corporation or part- 
nership not exempt under the provisions of this section 
shall be deemed to be engaged in business, and all the trades 
and businesses in which it is engaged shall be treated as 
a single trade or business, and all its income from whatever 
source derived shall be deemed to be received from such 
trade or business. 

This title shall apply to all trades or businesses of what- 
ever description, whether continuously carried on or not, 
except — 

(a) In the case of officers and employees under the 
United States, or any State, Territory, or the District of 



Columbia, or any local subdivision thereof, the compensa- 
tion or fees received by them as such officers or employees; 

(b) Corporations exempt from tax under the provisions 
of section eleven of Title 1 of such Act of September eighth, 
nineteen hundred and sixteen, as amended by this Act, and 
partnerships and individuals carrying on or doing the same 
business, or coming within the same description; and 

(c) Incomes derived from the business of life, health, 
and accident insurance combined in one policy issued on the 
weekly premium payment plan. 

Sec. 202. That the tax shall not be imposed in the case 
of the trade or business of a foreign corporation or partner- 
ship or a nonresident alien individual, the net income of 
which trade or business during the taxable year is less than 
$3,000. 

Sec. 203. That for the purposes of this title the deduc- 
tion shall be as follows, except as otherwise in this title 
provided — 

(a) In the case of a domestic corporation, the sum of 
( 1 ) an amount equal to the same percentage of the invested 
capital for the taxable year which the average amount of 
the annual net income of the trade or business during the 
prewar period was of the invested capital for the prewar 
period (but not less than seven or more than nine per cen- 
tum of the invested capital for the taxable year), and (2) 
$3,000; 

(b) In the case of a domestic partnership or of a citizen 
or resident of the United States, the sum of ( 1 ) an amount 
equal to the same percentage of the invested capital for 
the taxable year which the average amount of the annual 
net income of the trade or business during the prewar 
period was of the invested capital for the prewar period 
(but not less than seven or more than nine per centum of 
the invested capital for the taxable year), and (2) $6,000; 

(c) In the case of a foreign corporation or partnership 
or of a nonresident alien individual, an amount ascertained 
in the same manner as provided in subdivisions (a) and 
(b) without any exemption of $3,000 or $6,000; 

(d) If the Secretary of the Treasury is unable satisfac- 
torily to determine the average amount of the annual net 
income of the trade or business during the prewar period, 
the deduction shall be determined in the same manner as 
provided in section two hundred and five. 

Sec. 204. That if a corporation or partnership was not 
in existence, or an individual was not engaged in the trade 
or business, during the whole of any one calendar year 
during the prewar period, the deduction shall be an amount 
equal to eight per centum of the invested capital for the 
taxable year, plus in the case of a domestic corporation 
$3,000, and in the case of a domestic partnership or a citi- 
zen or resident of the United States $6,000. 

A trade or business carried on by a corporation, partner- 
ship, or individual, although formally organized or reor- 
ganized on or after January second, nineteen hundred and 
thirteen, which is substantially a continuation of a trade 
or business carried on prior to that date, shall, for the pur- 
poses of this title, be deemed to have been in existence prior 
to that date, and the net income and invested capital of its 
predecessor prior to that date shall be deemed to have been 
its net income and invested capital. . . . 

Sec. 213. That the Commissioner of Internal Revenue, 
with the approval of the Secretary of the Treasury, shall 
make all necessary regulations for carrying out the provi- 
sions of this title, and may require any corporation, part- 
nership, or individual, subject to the provisions of this title, 
to furnish him with such facts, data, and information as in 
his judgment are necessary to collect the tax imposed by 
this title. . . . 



WAR REPRINTS.. NO. 7. 



Title III. — War Tax on Beverages. 

Sec. 300. That on and after the passage of this Act there 
shall be levied and collected on all distilled spirits in bond 
at that time or that have been or that may be then or 
thereafter produced in or imported into the United States, 
except such distilled spirits as are subject to the tax pro- 
vided in section three hundred and three, in addition to the 
tax now imposed by law, a tax of .$1.10 (or, if withdrawn 
for beverage purposes or for use in the manufacture or pro- 
duction of any article used or intended for use as a bever- 
age, a tax of $2.10) on each proof gallon, or wine gallon 
when below proof, and a proportionate tax at a like rate 
on all fractional parts of such proof or wine gallon, to be 
paid by the distiller or importer when withdrawn, and col- 
lected under the provisions of existing law. 

That in addition to the tax under existing law there shall 
be levied and collected upon all perfumes hereafter im- 
ported into the United States containing distilled spirits, a 
tax of $1.10 per wine gallon, and a proportionate tax at a 
like rate on all fractional parts of such wine gallon. Such 
a tax shall be collected by the collector of customs and de- 
posited as internal-revenue collections, under such rules and 
regulations as the Commissioner of Internal Revenue, with 
the approval of the Secretary of the Treasury, may pre- 
scribe. 

Sec. 301. That no distilled spirits produced after the 
passage of this Act shall be imported into the United 
States from any foreign country, or from the West Indian 
Islands recently acquired from Denmark (unless produced 
from products the growth of such islands, and not then into 
any State or Territory or District of the United States in 
which the manufacture or sale of intoxicating liquor is pro- 
hibited), or from Porto Rico, or the Philippine Islands. 
Under such rules, regulations, and bonds as the Secretary 
of the Treasury may prescribe, the provisions of this sec- 
tion shall not apply to distilled spirits imported for other 
than (1) beverage purposes or (2) use in the manufacture 
or production of any article used or intended for use as a 
beverage. . . . 

Sec. 313. That there shall be levied, assessed, collected, 
and paid — 

(a) Upon all prepared sirups or extracts (intended for 
use in the manufacture or production of beverages, com- 
monly known as soft drinks, by soda fountains, bottling 
establishments, and other similar places) sold by the man- 
ufacturer, producer, or importer thereof, if so sold for not 
more than $1.30 per gallon, a tax of 5 cents per gallon; if 
so sold for more than $1.30 and not more than $2 per gal- 
lon, a tax of 8 cents per gallon ; if so sold for more than $2 
and not more than $3 per gallon, a tax of 10 cents per 
gallon; if so sold for more than $3 and not more than $4 
per gallon, a tax of 15 cents per gallon; and if so sold for 
more than $4 per gallon, a tax of 20 cents per gallon; and 

(b) Upon all unfermented grape juice, soft drinks or ar- 
tificial mineral waters (not carbonated), and fermented 
liquors containing less than one-half per centum of alco- 
hol, sold by the manufacturer, producer, or importer there- 
of, in bottles or other closed containers, and upon all ginger 
ale, root beer, sarsaparilla, pop, and other carbonated 
waters or beverages, manufactured and sold by the manu- 
facturer, producer, or importer of the carbonic acid gas 
used in carbonating the same, a tax of 1 cent per gallon; 
and 

(c) Upon all natural mineral waters or table waters, 
sold by the producer, bottler, or importer thereof, in bottles 
or other closed containers, at over 10 cents per gallon, a 
tax of 1 cent per gallon. . . . 

Sec. 315. That upon all carbonic acid gas in drums or 



other containers (intended for use in the manufacture or 
production of carbonated water or other drinks) sold by 
the manufacturer, producer, or importer thereof, there shall 
be levied, assessed, collected, and paid a tax of 5 cents per 
pound. Such tax shall be paid by the purchaser to the 
vendor thereof and shall be collected, returned, and paid to 
the United States by such vendor in the same manner as 
provided in section five hundred and three. 

Title IV. — Wab Tax on Cigars, Tobacco, and Manu- 
factures Thereof. 

Sec. 400. That upon cigars and cigarettes, which shall 
be manufactured and sold, or removed for consumption or 
sale, there shall be levied and collected, in addition to the 
taxes now imposed by existing law, the following taxes, to 
be paid by the manufacturer or importer thereof: (a) on 
cigars of all descriptions made of tobacco, or any substi- 
tute therefor, and weighing not more than three pounds 
per thousand, 25 cents per thousand; (b) on cigars made 
of tobacco, or any substitute therefor, and weighing more 
than three pounds per thousand, if manufactured or im- 
ported to retail at 4 cents or more each, and not more than 
7 cents each, $1 per thousand; (c) if manufactured or im- 
ported to retail at more than 7 cents each and not more 
than 15 cents each, $3 per thousand; (d) if manufactured 
or imported to retail at more than 15 cents each and not 
more than 20 cents each, $5 per thousand; (e) if manufac- 
tured or imported to retail at more than 20 cents each, $7 
per thousand : Provided, That the word " retail " as used in 
this section shall mean the ordinary retail price of a single 
cigar, and that the Commissioner of Internal Revenue may, 
by regulation, require the manufacturer or importer to affix 
to each box or container a conspicuous label indicating by 
letter the clause of this section under which the cigars 
therein contained have been tax-paid, which must corre- 
spond with the tax-paid stamp on said box or container; 
(f ) on cigarettes made of tobacco, or any substitute there- 
for, made in or imported into the United States, and 
weighing not more than three pounds per thousand, 80 
cents per thousand; weighing more than three pounds per 
thousand, $1.20 per thousand. . . . 

Sec. 401. That upon all tobacco and snulT hereafter man- 
ufactured and sold, or removed for consumption or use, 
there shall be levied and collected, in addition to the tax 
now imposed by law upon such articles, a tax of 5 cents 
per pound, to be levied, collected, and paid under the pro- 
visions of existing law. . . . 

Title V. — War Tax on Facilities Furnished by Pubiic 
Utilities, and Insurance. 
Sec. 500. That from and after the first day of Novem- 
ber, nineteen hundred and seventeen, there shall be levied, 
assessed, collected, and paid (a) a tax equivalent to three 
per centum of the amount paid for the transportation by 
rail or water or by any form of mechanical motor power 
when in competition with carriers by rail or water of 
property by freight consigned from one point in the United 
States to another; (b) a tax of 1 cent for each 20 cents, or 
fraction thereof, paid to any person, corporation, partner- 
ship, or association, engaged in the business of transport- 
ing parcels or packages by express over regular routes he- 
tween fixed terminals, for the transportation of any pack- 
age, parcel, or shipment by express from one point in the 
United States to another: Provided, That nothing herein 
contained shall he construed to require the carrier collect- 
ing such tax to list separately in any bill of lading, freight 
receipt, or other similar document, the amount of the tax 
herein levied, if the total amount of the freight and tax be 
therein stated: (c) a tax equivalent to eight per centum of 



UNITED STATES STATUTES RELATING TO WAR CONDITIONS. 



23 



tlie amount paid for the transportation of persons by rail 
or water, or by any form of mechanical motor power ou a 
regular established line when in competition with carriers 
by rail or water, from one point in the United States to 
another or to any point in Canada or Mexico, where the 
ticket therefor is sold or issued in the United States, not 
including the amount paid for commutation, or season 
tickets for trips less than thirty miles, or for transporta- 
tion the fare for which does not exceed 35 cents, and a tax 
equivalent to ten per centum of the amount paid for seats, 
berths, and staterooms in parlor cars, sleeping cars, or on 
vessels. . . . 

Sec. 502. That no tax shall be imposed under section five 
hundred upon any payment received for services rendered to 
the United States, or any State, Territory, or the District 
of Columbia. The right to exemption under this section 
shall be evidenced in such manner as the Commissioner of 
Internal Revenue, with the approval of the Secretary of the 
Treasury, may by regulation prescribe. . . . 

Sec. 504. That from and after the first day of November, 
nineteen hundred and seventeen, there shall be levied, as- 
sessed, collected, and paid the following taxes on the issu- 
ance of insurance policies: 

(a) Life insurance: A tax equivalent to 8 cents on each 
$100 or fractional part thereof of the amount for which 
any life is insured under any policy of insurance, or other 
instrument, by whatever name the same is called: Providtd, 
That on all policies for life insurance only by which a life 
is insured not in excess of $500, issued on the industrial or 
weekly-payment plan of insurance, the tax shall be forty 
per centum of the amount of the first weekly premium: 
Provided further, That policies of reinsurance shall be ex- 
empt from the tax imposed by this subdivision; 

(b) Marine, inland, and fire insurance: A tax equivalent 
to 1 cent on each dollar or fractional part thereof of the 
premium charged under each policy of insurance or other 
instrument by whatever name the same is called whereby 
insurance is made or renewed upon property of any de- 
scription (including rents or profits), whether against peril 
by sea or inland waters, or by fire or lightning, or other 
peril: Provided, That policies of reinsurance shall be ex- 
empt from the tax imposed by this subdivision ; 

(c) Casualty insurance: A tax equivalent to 1 cent on 
each dollar or fractional part thereof of the premium 
charged under each policy of insurance or obligation of the 
nature of indemnity for loss, damage, or liability (except 
bonds taxable under subdivision two of schedule A of Title 
VIII) issued or executed or renewed by any person, cor- 
poration, partnership, or association, transacting the busi- 
ness of employer's liability, workmen's compensation, acci- 
dent, health, tornado, plate glass, steam boiler, elevator, 
burglary, automatic sprinkler, automobile, or other branch 
of insurance (except life insurance, and insurance de- 
scribed and taxed in the preceding subdivision): Provided, 
That policies of reinsurance shall be exempt from the tax 
imposed by this subdivision; 

(d) Policies issued by any person, corporation, partner- 
ship, or association, whose income is exempt from taxation 
under Title I of the Act entitled "An Act to increase the 
revenue, and for other purposes," approved September 
eighth, nineteen hundred and sixteen, shall be exempt from 
the taxes imposed by this section. . . . 

Title VI.— War Excise Taxes. 

Sec. (iOO. That there shall be levied, assessed, collected, 
and paid — 

(a) Upon all automobiles, automobile trucks, automobile 
wagons, and motorcycles, sold by the manufacturer, pro- 



ducer, or importer, a tax equivalent to three per centum of 
the price for which so sold ; and 

(b) Upon all piano players, graphophones, phonographs, 
talking machines, and records used in connection with any 
musical instruments, piano player, graphophone, phono- 
graph, or talking machine, sold by the manufacturer, pro- 
ducer, or importer, a tax equivalent to three per centum of 
the price for which so sold ; and 

(c) Upon all moving-picture films (which have not been 
exposed) sold by the manufacturer or importer a tax equiv- 
alent to one-fourth of 1 cent per linear foot; and 

(d) Upon all positive moving-picture films (containing 
a picture ready for projection ) sold or leased by the manu- 
facturer, producer, or importer, a tax equivalent to one-half 
of 1 cent per linear foot ; and 

(e) Upon any article commonly or commercially known 
as jewelry, whether real or imitation, sold by the manufac- 
turer, producer, or importer thereof, a tax equivalent to 
three per centum of the price for which so sold ; and 

(f) Upon all tennis rackets, golf clubs, baseball bats, 
lacrosse sticks, balls of all kinds, including baseballs, foot 
balls, tennis, golf, lacrosse, billiard and pool balls, fishing 
rods and reels, billiard and pool tables, chess and checker 
boards and pieces, dice, games and parts of games, except 
playing cards and children's toys and games, sold by the 
manufacturer, producer, or importer, a tax equivalent to 
three per centum of the price for which so sold ; and 

(g) Upon all perfumes, essences, extracts, toilet waters, 
cosmetics, petroleum jellies, hair oils, pomades, hair dress- 
ings, hair restoratives, hair dyes, tooth and mouth washes, 
dentifrices, tooth pastes, aromatic cachous, toilet soaps and 
powders, or any similar substance, article, or preparation 
by whatsoever name known or distinguished, upon all of 
the above which are used or applied or intended to be used 
or applied for toilet purposes, and which are sold by the 
manufacturer, importer, or producer, a tax equivalent to 
two per centum of the price for which so sold; and 

(h) Upon all pills, tablets, powders, tinctures, troches or 
lozenges, sirups, medicinal cordials or bitters, anodynes, 
tonics, plasters, liniments, salves, ointments, pastes, drops, 
waters (except those taxed under section three hundred 
and thirteen of this Act), essences, spirits, oils, and all 
medicinal preparations, compounds, or compositions what- 
soever, the manufacturer or producer of which claims to 
have any private formula, secret, or occult art for making 
or preparing the same, or has or claims to have any exclu- 
sive right or title to the making or preparing the same, or 
which are prepared, uttered, vended, or exposed for sale 
under any letters patent, or trade-mark, or which, if pre- 
pared by any formula, published or unpublished, are held 
out or recommended to the public by the makers, venders, 
or proprietors thereof as proprietary medicines cr medicinal 
proprietary articles or preparations, or as remedies or 
specifics for any disease, diseases, or affection whatever 
affecting the human or animal body, and which are sold by 
the manufacturer, producer, or importer, a tax equivalent 
to two per centum of the price for which so sold : and 

(i) Upon all chewing gum or substitute therefor sold 
by the manufacturer, producer, or importer, a tax equiva- 
lent to two per centum of the price for which so sold; and 

(j) Upon all cameras sold by the manufacturer, pro- 
ducer, or importer, a tax equivalent to three per centum of 
the price for which so sold. . . . 

Sec. 603. That on the day this Act takes effect, and 
thereafter on July first in each year, and also at the time 
of the orignal purchase of a new boat by a user, if on any 
other date than July first, there shall be levied, assessed, 
collected, and paid, upon the use of yachts, pleasure boats, 



21 



WAR REPRINTS, NO. 



power boats, and sailing boats, of over five net tons, and 
motor boats with fixed engines, not used exclusively for 
trade or national defense, or not built according to plans 
and specifications approved by the Navy Department, an 
excise tax to be based on each yacht or boat, at rates as fol- 
lows: Yachts, pleasure boats, power boats, motor boats with 
fixed engines, and sailing boats, of over five net tons, length 
not over fifty feet, 50 cents for each foot, length over fifty 
feet and not over one hundred feet, $1 for each foot, length 
over one hundred feet, $2 for each foot ; motor boats of not 
over five net tons with fixed engines, $5. 

In determining the length of such yachts, pleasure boats, 
power boats, motor boats with fixed engines, and sailing 
boats, the measurement of over-all length shall govern. 

In the case of a tax imposed at the time of the original 
purchase of a new boat on any other date than July first, 
the amount to be paid shall be the same number of twelfths 
of the amount of the tax as the number of calendar mouths, 
including the month of sale, remaining prior to the follow- 
ing July first. 

Title VII. — War Tax on Admissions and Dues. 

Sec. TOO. That from and after the first day of November, 
nineteen hundred and seventeen, there shall be levied, as- 
sessed, collected, and paid (a I a tax of 1 cent for each 10 
cents or fraction thereof of the amount paid for admission 
to any place, including admission by season ticket or sub- 
scription, to be paid by the person paying for such admis- 
sion: Provided, That the tax on admission of children un- 
der twelve years of age where an admission charge for such 
children is made shall in every case be 1 cent; and (b) in 
the case of persons (except bona fide employees, municipal 
officers on official business, and children under twelve years 
of age) admitted free to any place at a time when and un- 
der circumstances under which an admission charge is made 
to other persons of the same class, a tax of 1 cent for \!ach 
10 cents or fraction thereof of the price so charged to such 
other persons for the same or similar accommodations, to 
be paid by the person so admitted; and (c) a tax of 1 cent 
for each 10 cents or fraction thereof paid for admission to 
any public performance for profit at any cabaret or other 
similar entertainment to which the charge for admission is 
wholly or in part included in the price paid for refresh- 
ment, service, or merchandise; the amount paid for such 
admission to be computed under rules prescribed by the 
Commissioner of Internal Revenue, with the approval of 
the Secretary of the Treasury, such tax to be paid by the 
person paying for such refreshment, service, or merchan- 
dise. . . . These taxes shall not be imposed in the case of 
a place the maximum charge for admission to which is a 
cents, or in the case of shows, rides, and other amusements 
(the maximum charge for admission to which is 10 cents) 
within outdoor general amusement parks, or in the case of 
admissions to such parks. 

No fax shall be levied under this title in respect to any 
admissions all the proceeds of which inure exclusively to 
the benefit of religious, educational, or charitable institu- 
is, societies, or organizations, or admissions to agricul- 
tural fairs none of the profits of which are distributed to 
kholders or members of the association conducting the 
same. 

The term " admission " as used in this title includes seats 
and tahles, reserved or otherwise, and other similar accom- 
modations, and the charges made therefor. 

Sec. 701. That from and after the first day of November, 
nineteen hundred and seventeen, there shall be levied, as- 
sessed, collected, and paid, a tax equivalent to ten per cen- 
tum of any amount paid as dues or membership fees (in- 



cluding initiation fees), to any social, athletic, or sporting 
club or organization, where such dues or fees are in excess 
of $12 per year; such taxes to be paid by the person pay- 
ing such dues or fees: Provided, That there shall be ex- 
empted from the provisions of this section all amounts paid 
as dues or fees to a fraternal beneficiary society, order, or 
association, operating under the lodge system or for the ex- 
clusive benefit of the members of a fraternity itself operat- 
ing under the lodge system, and providing for the payment 
of life, sick, accident, or other benefits to the members of 
such society, order, or association or their dependents. 

Title VIII. — Wae Stamp Taxes. 
Sec. 800. That on and after the first day of December, 
nineteen hundred and seventeen, there shall be levied, col- 
lected, and paid, for and in respect of the several bonds, 
debentures, or certificates of stock and of indebtedness, and 
other documents, instruments, matters, and things men- 
tioned and described in Schedule A of this title, or for or 
in respect of the vellum, parchment, or paper upon which 
such instruments, matters, or things, or any of them, are 
written or printed, by any person, corporation, partnership, 
or association who makes, signs, issues, sells, removes, con- 
signs, or ships the same, or for whose use or benefit the 
same are made, signed, issued, sold, removed, consigned, or 
shipped, the several taxes specified in such schedule. , . . 
[The stamp taxes imposed range from one cent up.] 

Title IX. — Wae Estate Tax. 

Sec. 900. That in addition to the tax imposed by section 
two hundred and one of the Act entitled "An Act to in- 
crease the revenue, and for other purposes," approved Sep- 
tember eighth, nineteen hundred and sixteen, as amended — 

(a) A tax equal to the following percentages of its value 
is hereby imposed upon the transfer of each net estate of 
every decedent dying after the passage of this Act, the 
transfer of which is taxable under such section (the value 
of such net estate to be determined as provided in Title II 
of such Act of September eighth, nineteen hundred and six- 
teen ) : 

One-half of one per centum of the amount of such net 
estate not in excess of $50,000; 

One per centum of the amount by which such net estate 
exceeds $50,000 and does not exceed $150,000; 

One and one-half per centum of the amount by which 
such net estate exceeds $150,000 and does not exceed 
$250,000; 

Two per centum of the amount by which such net estate 
exceeds $250,000 and does not exceed $450,000. 

Two and one-half per centum of the amount by which 
such net estate exceeds $450,000 and does not exceed 
$1,000,000; 

Three per centum of the amount by which such net estate 
exceeds $1,000,000 and does not exceed $2,000,000; 

Three and one-half per centum of the amount by which 
such net. estate exceeds $2,000,000 and does not exceed 
$3,000,000; 

Four per centum of the amount by which such net estate 
exceeds $o,000,000 and does not exceed $4,000,000; 

Four and one-half per centum of the amount by which 
such net estate exceeds $4,000,000 and does not exceed 
$5,000,000; 

Five per centum of the amount by which such net estate 
exceeds $5,000,000 and does not exceed $S,000,000; 

Seven per centum of the amount by which such net estate 
exceeds $8,000,000 and does not exceed $10,000,000; and 

Ten per centum of the amount by which such net estate 
exceeds $10,000,000. 



UNITED STATES STATUTES RELATING TO WAR CONDITIONS. 



Sec. 901. That the tax imposed by this title shall not 
apply to the transfer of the net estate of any decedent 
dying while serving in the military or naval forces of the 
United States, during the continuance of the war in which 
the United States is now engaged, or if death results from 
injuries received or disease contracted in such service, 
within one year after the termination of such war. For 
the purposes of this section the termination of the war shall 
be evidenced by the proclamation of the President. 

Title X. — Administrative Provisions. [Omitted.] 

Title XI. — Postal Rates. 
Sec. 1100. That the rate of postage on all mail matter of 
the first class, except postal cards, shall thirty days after 
the passage of this Act be, in addition to the existing rate, 

1 cent for each ounce or fraction thereof: Provided, That 
the rate of postage on drop letters of the first class shall be 

2 cents an ounce or fraction thereof. Postal cards, and pri- 
vate mailing or post cards when complying with the re- 
quirements of existing law, shall be transmitted through 
the mails at 1 cent each in addition to the existing rate. 

That letters written and mailed by soldiers, sailors, and 
marines assigned to duty in a foreign country engaged in 
the present war may be mailed free of postage, subject to 
such rules and regulations as may be prescribed by the 
Postmaster General. 

Sec. 1101. That on and after July first, nineteen hun- 
dred and eighteen, the rates of postage on publications en- 
tered as second-class matter (including sample copies to the 
extent of ten per centum of the weight of copies mailed to 
subscribers during the calendar year) when sent by the 
publisher thereof from the post office of publication or other 
post office, or when sent by a news agent to actual sub- 
scribers thereto, or to other news agents for the purpose of 
sale: 

(a) In the case of the portion of such publication de- 
voted to matter other than advertisements, shall be as fol- 
lows: (1) On and after July first, nineteen hundred and 
eighteen, and until July first, nineteen hundred and nine- 
teen, IVi cents per pound cr fraction thereof; (2) on and 
after July first, nineteen hundred and nineteen, 1% cents 
per pound or fraction thereof. 

(b) In the case of the portion of such publication de- 
voted to advertisements the rates per pound or fraction 
thereof for delivery within the several zones applicable to 
fourth-class matter shall be as follows (but where the space 
devoted to advertisements does not exceed five per centum 
of the total space, the rate of postage shall be the same as 
if the whole of such publication was devoted to matter other 
than advertisements): (1) On and after July first, nine- 
teen hundred and eighteen, and until July first, nineteen 
hundred and nineteen, for the first and second zones. 1 \ t 
cents; for the third zone, 1% cents; for the fourth zone, 2 
cents; for the fifth zone, 2 1 ,4 cents; for the sixth zone, 2% 
cents; for the seventh zone, 3 cents; for the eighth zone, 
3% cents; (2) on and after July first, nineteen hundred 
and nineteen, and until July first, nineteen hundred and 
twenty, for the first and second zones, 1% cents; for the 
third zone, 2 cents; for the fourth zone, 3 cents; for the 
fifth zone, 3% cents; for the sixth zone, 4 cents; for the 
seventh zone, 5 cents; for the eighth zone, 5% cents; (3) 
on and after July first, nineteen hundred and twenty, and 
until July first, nineteen hundred and twenty-one, for the 
first and second zones, 1% cents; for the third zone, 2% 
cents; for the fourth zone, 4 cents; for the fifth zone, 4% 
cents; for the sixth zone, 5Vs cents; for the seventh zone, 7 
cents; for the eight zone, 7% cents; (4) on and after July 
first, nineteen hundred and twenty-one, for the first and 



second zones, 2 cents ; for the third zone, 3 cents ; for the 
fourth zone, 5 cents; for the fifth zone, 6 cents; for the 
sixth zone, 7 cents; for the seventh zone, 9 cents; for the 
eighth zone, 10 cents; 

(c) With the first mailing of each issue of each such 
publication, the publisher shall file with the postmaster a 
copy of such issue, together with a statement containing 
such information as the Postmaster General may prescribe 
for determining the postage chargeable thereon. . . . 

Title XII. — Income Tax Amendments. i 

Sec. 1203. (1) That section seven of such Act of Sep- 
tember eighth, nineteen hundred and sixteen, is hereby 
amended to read as follows: 

" Sec. 7. That for the purpose of the normal tax only, 
there shall be allowed as an exemption in the nature of a 
deduction from the amount of the net income of each citi- 
zen or resident of the United States, ascertained as pro- 
vided herein, the sum of $3,000, plus $1,000 additional if 
the person making the return be a head of a family or a 
married man with a wife living with him, or plus the sum 
of $1,000 additional if the person making the return be a 
married woman with a husband living with her; but in no 
event shall this additional exemption of $1,000 be deducted 
by both a husband and a wife: Provided, That only one de- 
duction of $-4,000 shall be made from the aggregate income 
of both husband and wife when living together: Provided 
further, That if the person making the return is the head 
of a family there shall be an additional exemption of $200 
for each child dependent upon such person, if under 
eighteen years of age, or if incapable of self-support because 
mentally or physically defective, but this provision shall 
operate only in the case of one parent in the same family: 
Provided further, That guardians or trustees shall be al- 
lowed to make this personal exemption as to income derived 
from the property of which such guardian or trustee has 
charge in favor of each ward or cestui que trust: Provided 
further, That in no event shall a ward or cestui que trust 
be allowed a greater personal exemption than as provided 
in this section, from the amount of net income received 
from all sources. There shall also be allowed an exemption 
from the amount of the net income of estates of deceased 
citizens or residents of the United States during the period of 
administration or settlement, and of trust or other estates 
of citizens or residents of the United States the income of 
which is not distributed annually or regularly under the 
provisions of subdivision (b) of section two, the sum of 
$3,000, including such deductions as are allowed under sec- 
tion five." . . . 

" Sec. 28. That all persons, corporations, partnerships, 
associations, and insurance companies, in whatever capacity 
acting, including lessees or mortgagors of real or personal 
property, trustees acting in any trust capacity, executors, 
administrators, receivers, conservators, and employers, 
making payment to another person, corporation, partner- 
ship, association, or insurance company, of interest, rent, 
salaries, wages, premiums, annuities, compensation, re- 
muneration, emoluments, or other fixed or determinable 
gains, profits, and income (other than payments described 
in sections twenty-six and twenty-seven ) , of $S00 or more 
in any taxable year, or, in the case of such payments made 
by the United States, the officers or employees of the United 
States having information as to such payments and re- 
quired to make returns in regard thereto by the regulations 
hereinafter provided for, are hereby authorized and re- 
quired to render a true and accurate return to the Com- 
missioner of Internal Revenue, under such rules and regu- 
lations and in such form and manner as may be prescribed 



WAR REPRINTS, NO. 7. 



by him, with the approval of the Secretary of the Treas- 
ury, setting forth the amount of such gains, profits, and 
income, and the name and address of the recipient of such 
payment." . . . 

Approved, October 3, 1917. 

Act Permitting Foreign Vessels to Enter Coastwise 
Trade, October 0, 1917. 

Be it enacted by the Senate and House of Representatives 
of the United States of America in Congress assembled, 
That during the present war with Germany and for a 
period of one hundred and twenty days thereafter the 
United States Shipping Board may, if in its judgment the 
interests of the United States require, suspend the present 
provisions of law and permit vessels of foreign registry, and 
foreign-built vessels admitted to American registry under 
the Act of August eighteenth, nineteen hundred and four- 
teen, to engage in the coastwise trade of the United States: 
Provided, That no such vessel shall engage in the coastwise 
trade except upon a permit issued by the United States 
Shipping Board, which permit shall limit or define the 
scope of the trade and the time of such employment: Pro- 
vided further. That in issuing permits the board shall give 
preference to vessels of foreign registry owned, leased, or 
chartered by citizens of the United States or corporations 
thereof: And provided further. That the provisions of this 
Act shall not apply to the coastwise trade with Alaska or 
between Alaskan ports. 

Approved, October 0, 1917. 

Act to Prevent the Publication of Certain 
Inventions, October C, 1917. 

lie it enacted by the Senate and House of Representatives 
of the United States of America in Congress assembled, 
That whenever during a time when the United States is at 
war the publication of an invention by the granting of a 
patent might, in the opinion of the Commissioner of Pat- 
ents be detrimental to the public safety or defense or might 
t. the enemy or endanger the successful prosecution of 
the war he may order that the invention be kept secret and 
withhold the grant of a patent until the termination of the 
war: Provided, That the invention disclosed in the applica- 
tion for said patent may be held abandoned upon it being 
established before or by the commissioner that in violation 
of said order said invention has been published or that an 
application for a patent therefor has been filed in a foreign 
country by the inventor or his assigns or legal representa- 
tives, without the consent or approval of the Commissioner 
of Patents, or under a license of the Secretary of Commerce 
as provided by law. 

When an applicant whose patent is withheld as herein 
provided and who faithfully obeys the order of the Com- 
missioner of Patents above referred to shall tender his in- 
vention to the Government of the United States for its use, 
he shall, if and when he ultimately received a patent, have 
(lie right to sue for compensation in the Court of Claims, 
such right to compensation to begin from the date of the 
use of the invention by the Government. 

Approved. October 0, 1917. 

Was P.i.sk Insurance Act, October 6, 1917. 

Be it enacted by the Senate and House of Representatives 
of the United States of America in Congress asembled, 
That the first section of the Act entitled "An Act to au- 
thorize the establishment of a Bureau of War Risk Insur- 
ance in the Treasury Department." approved September 
second, nineteen hundred and fourteen, as amended, is 
herein- amended to read as follows: 



" Article I. 
" Section 1. That there is established in the Treasury 
Department a Bureau to be known as the Bureau of War 
Risk Insurance, the director of which shall receive a salary 
at the rate of $5,000 per annum. 

" That there be in such bureau a Division of Marine and 
Seamen's Insurance and a Division of Military and Naval 
Insurance in charge of a commissioner of Marine and Sea- 
men's Insurance and a commissioner of Military and Naval 
Insurance, respectively, each of whom shall receive a salary 
of $4,000 per annum." . . . 

Article II. 
allotments and family allowances. 

Sec. 200. That the provisions of this article shall apply 
to all enlisted men in the military or naval forces of the 
United States. 

Sec. 201. That allotment of pay shall, subject to the 
conditions, limitations, and exceptions hereinafter specified, 
be compulsory as to wife, a former wife divorced who has 
not remarried and to whom alimony has been decreed, and 
a child, and voluntary as to any other person; but on the 
written consent of the wife or former wife divorced, sup- 
ported by evidence satisfactory to the bureau of her ability 
to support herself and the children in her custody, the allot- 
ment for her and for such children may be waived; and 
on the enlisted man's application or otherwise for good 
cause shown, exemption from the allotment may be granted 
upon such conditions as may be prescribed by regula- 
tions. . . . 

Sec. 202. That the enlisted man may allot any propor- 
tion or proportions or any fixed amount or amounts of his 
monthly pay or of the proportion thereof remaining after 
the compulsory allotment, for such purposes and for the 
benefit of such person or persons as he may direct, subject, 
however, to such conditions and limitations as may be pre- 
scribed under regulations to be made by the Secretary of 
War and the Secretary of the Navy, respectively. 

Sec. 203. That in case one-half of an enlisted man's 
monthly pay is not allotted, regulations to be made by the 
Secretary of War and the Secretary of the Navy, respec- 
tively, may require, under such circumstances and condi- 
tions as may lie prescribed in such regulations, that any 
proportion of such one-half pay as is not allotted shall be 
deposited to his credit, to be held during such period of his 
service as may be prescribed. Such deposits shall bear in- 
terest at the rate of four per centum per annum, with semi- 
annual rests and, when payable, shall be paid principal and 
interest to the enlisted man, if living, otherwise to any 
beneficiary or beneficiaries he may have designated, or if 
there be no such beneficiary, then to the person or persons 
who would under the laws of the State of his residence be 
entitled to his personal property in case of intestacy. 

Sec. 204. That a family allowance of not exceeding i'oO 
per month shall be granted and paid by the United States 
upon written application to the bureau by such enlisted 
man or by or on behalf of any prospective beneficiary, in 
accordance with and subject to the conditions, limitations, 
and exceptions hereinafter specified. 

The family allowance shall be paid from the time of en- 
listment to death in or one month after discharge from the 
service, but not for more than one month after the termina- 
tion of the present war emergency. No family allowance 
shall be made for any period preceding November first, 
nineteen hundred and seventeen. The payment shall be 
subject to such regulations as may be prescribed relative to 
cases of desertion and imprisonment and of missing men 



UNITED STATES STATUTES RELATING TO WAR CONDITIONS. 



Subject to the conditions, limitations, and exceptions 
hereinabove and hereinafter specified, the family allowance 
payable per month shall be as follows: 

Class A. In the case of a man, to his wife (including a 
former wife divorced) and to his child or children: 

(a) If there be a wife but no child, $15. 

(b) If there be a wife and one child, $25. 

(c) If there be a wife and two children, $32.50, with $5 
per month additional for each additional child. 

(d) If there be no wife, but one child, $5. 

(e) If there be no wife, but two children, $12.50. 

(f) If there be no wife, but three children, $20. 

(g) If there be no wife, but four children, $30, with $5 
per month additional for each additional child. 

Class B. In the case of a man or woman, to a grandchild, 
a parent, brother, or sister: 

(a) If there be one parent, $10. 

(b) If there be two parents, $20. 

(c) For each grandchild, brother, sister, and additional 
parent, $5. 

In the case of a woman, to a child or children: 

(d) If there be one child, $5. 

(e) If there be two children, $12.50. 

(f) If there be three children, $20. 

(g) If there be four children, $30, with $5 per month 
additional for each additional child. . . . 

Article III. 

COMPENSATION FOR DEATH OR DISABILITY. 

Sec. 300. That for death or disability resulting from 
personal injury suffered or disease contracted in the line of 
duty, by any commissioned officer or enlisted man or by 
any member of the Army Nurse Corps (female) or of the 
Navy Nurse Corps (female) when employed in the active 
service under the War Department or Navy Department, 
the United States shall pay compensation as hereinafter 
provided ; but no compensation shall be paid if the injury 
or disease has been caused by his own willful misconduct. 
Sec. 301. That if death results from injury — 
If the deceased leaves a widow or child, or if he leaves a 
widowed mother dependent upon him for support, the 
monthly compensation shall be the following amounts: 

(a) For a widow alone, $25. 

(b) For a widow and one child, $35. 

(c) For a widow and two children, $47.50, with $5 for 
each additional child up to two. 

(d) If there be no widow, then for one child, $20. 

(e) For two children, $30. 

(f) For three children, $40, with $5 for each additional 
child up to two. 

(g) For a widowed mother, $20. The amount payable 
under this subdivision shall not be greater than a sum 
which, when added to the total amount payable to the 
widow and children, does not exceed $75. This compensa- 
tion shall be payable for the death of but one child, and no 
compensation for the death of a child shall be payable if 
such widowed mother is in receipt of compensation under 
the provisions of this article for the death of her husband. 
Such compensation shall be payable whether her widow- 
hood arises before or after the death of the person and 
whenever her condition is such that if the person were liv- 
ing the widowed mother would have been dependent upon 
him for support. 

If the death occur before discharge or resignation from 
service, the United States shall pay for burial expenses and 
the return of body to his home a sum not to exceed $100, 
as may be fixed by regulations. 



The payment of compensation to a widow or widowed 
mother shall continue until her death or remarriage. 

The payment of compensation to or for a child shall con- 
tinue until such child reaches the age of eighteen years or 
marries, or if such child be incapable, because of insanity, 
idiocy, or being otherwise permanently helpless, then dur- 
ing such incapacity. 

Whenever the compensation payable to or for the benefit 
of any person under the provisions of this section is ter- 
minated by the happening of the contingency upon which it 
is limited, the compensation thereafter for the remaining 
benficiary or beneficiaries, if any, shall be the amount which 
would have been payable to them if they had been the sole 
original beneficiaries. 

As between the widow and the children not in her cus- 
tody, and as between children, the amount of the compen- 
sation shall be apportioned as may be prescribed by regu- 
lations. The word " widow " as used in this section shall 
not include one who shall have married the deceased later 
than ten years after the time of injury. 

Sec. 302. That if disability results from the injury — 

(1) If and while the disability is total, the monthly 
compensation shall be the following amounts: 

(a) If he has neither wife nor child living, $30. 

(b) If he has a wife but no child living, $45. 

(c) If he has a wife and one child living, $55. 

(d) If he has a wife and two children living, $65. 

(e) If he has a wife and three or more children liv- 
ing, $75. 

(f ) If he has no wife but one child living, $40, with $10 
for each additional child up to two. 

(g) If he has a widowed mother dependent on him for 
support, then, in addition to the above amounts, $10. 

To an injured person who is totally disabled and in ad- 
dition so helpless as to be in constant need of a nurse or 
attendant, such additional sum shall be paid, but not ex- 
ceeding $20 per month, as the director may deem reason- 
able: Provided, however, That for the loss of both feet or 
both hands or both eyes, or for becoming totally blind or 
helplessly and permanently bedridden from causes occur- 
ring in the line of duty in the service of the United States, 
the rate of compensation shall be $100 per month: Provided 
further, That no allowance shall be made for nurse or at- 
tendant. 

(2) If and while the disability is partial, the monthly 
compensation shall be a percentage of the compensation 
that would he payable for his total disability, equal to the 
degree of the reduction in earning capacity resulting from 
the disability, but no compensation shall lie payable for a 
reduction in earning capacity rated at less than ten per 
centum. . . . 

(3) In addition to the compensation above provided, the 
injured person shall be furnished by the United States such 
reasonable governmental medical, surgical, and hospital 
services and with such supplies, including artificial limbs, 
trusses, and similar appliances, as the director may deter- 
mine to be useful and reasonably necessary: Provided, That 
nothing in this Act shall be construed to affect the neces- 
sary military control over any member of the military or 
naval establishments before he shall have been discharged 
from the military or naval service. 

(4) The amount of each monthly payment shall be de- 
termined according to the family conditions then existing. 

Sec. 30.1. That every person applying for or in receipt of 
compensation for disability under the provisions of this 
article shall, as frequently and at such times and places as 
may be reasonably required, submit himself to examination 



WAR REPRINTS, NO. 7. 



by a medical officer of the United States or by a duly quali- 
fied physician designated or approved by the director. He 
may have a duly qualified physician designated and paid by 
him present to participate in such examination. For all 
examinations he shall, in the discretion of the director, be 
paid his reasonable traveling and other expenses and also 
loss of wages incurred in order to submit to such exami- 
nation. If he refuses to submit himself for, or in any way 
obstructs, any examination, his right to claim compensation 
under this article shall be suspended until such refusal or 
obstruction ceases. No compensation shall be payable 
while such refusal or obstruction continues, and no compen- 
sation shall be payable for the intervening period. 

Every person in receipt of compensation for disability 
shall submit to any reasonable medical or surgical treat- 
ment furnished by the bureau whenever requested by the 
bureau; and the consequences of unreasonable refusal to 
submit to any such treatment shall not be deemed to result 
from the injury compensated for. 

Sec. 304. That in cases of dismemberment, of injuries 
to sight or hearing, and of other injuries commonly caus- 
ing permanent disability, the injured person shall follow 
such course or courses of rehabilitation, reeducation, and 
vocational training as the United States may provide or 
procure to be provided. Should such course prevent the 
injured person from following a substantially gainful occu- 
pation while taking same, a form of enlistment may be re- 
quired which shall bring the injured person into the mili- 
tary or naval service. Such enlistment shall entitle the 
person to full pay as during the last month of his active 
service, and his family to family allowances and allotment 
as hereinbefore provided, in lieu of all other compensation 
for the time being. 

In case of his willful failure properly to follow such 
course or so to enlist, payment of compensation shall be 
suspended until such willful failure ceases and no compen- 
sation shall be payable for the intervening period. 

Sec. 305. That upon its own motion or upon application 
the bureau may at any time review an award, and, in ac- 
cordance with the facts found upon such a review, may end, 
diminish, or increase the compensation previously awarded, 
or, if compensation has been refused or discontinued, may 
award compensation. 

Sec. 306. That no compensation shall be payable for 
death or disability which does not occur prior to or within 
one year after discharge or resignation from the service, 
except that where, after a medical examination made pur- 
suant to regulations, at the time of discharge or resignation 
from the service, or within such reasonable time thereafter, 
not exceeding one year, as may be allowed by regulations, a 
certificate has been obtained from the director to the effect 
that the injured person at the time of his discharge or resig- 
nation was suffering from injury likely to result in death 
or disability, compensation shall be payable for death or 
disability, whenever occurring, proximately resulting from 
such injury. 

307. That compensation shall not be payable for 
death in the course of the service until the death be offi- 
ly recorded in the department under which he may be 
serving. Xo compensation shall be payable for a period 
during which the man has been reported " missing " and a 
family allowance has been paid for him under the provi- 
sions of Article II. 

Sec. 308. That no compensation shall be payable for 
death inflicted as a lawful punishment for a crime or mili- 
tary offense except when inflicted by the enemy. A dis- 
missal or dishonorable or bad conduct discharge from the 



service shall bar and terminate all right to any compensa- 
tion under the provisions of this article. 

Sec. 300. That no compensation shall be payable unless 
a claim therefor be tiled, in case of disability, within five 
years after discharge or resignation from the service, or, 
in case of death during the service, within five years after 
such death is officially recorded in the department under 
which he may be serving: Provided, however, That where 
compensation is payable for death or disability occurring 
after discharge or resignation from the service, claim must 
be made within five years after such death or the beginning 
of such disability. . . . 

Article IV. 
insurance. 

Sec. 400. That in order to give to every commissioned 
officer and enlisted man and to every member of the Army 
Nurse Corps (female) and of the Navy Nurse Corps 
(female) when employed in active service under the War 
Department or Navy Department greater protection for 
themselves and their dependents than is provided in Arti- 
cle 111, the United States, upon application to the bureau 
and without medical examination, shall grant insurance 
against the death or total permanent disability of any such 
person in any multiple of $500, and not less than $1,000 
or more than $10,000, upon the payment of the premiums 
as hereinafter provided. . . . 

Approved, October 6, 1017. 

Trading with the Enemy Act, October G, 1917. 

An Act To define, regulate, and punish trading with the 
enemy, and for other purposes. 

Be it enacted by the Senate and House of Representatives 
of the United States of America in Congress assembled, 
That this Act shall be known as the "Trading with the 
enemy Act." . . . 

Sec. 3. That it shall be unlawful — 

(a) For any person in the United States, except with 
the license of the President, granted to such person, or to 
the enemy, or ally of enemy, as provided in this Act, to 
trade, or attempt to trade, either directly or indirectly, 
with, to, or from, or for, or on account of, or on behalf 
of, or for the benefit of, any other person, with knowledge 
or reasonable cause to believe that such other person is 
an enemy or ally of enemy, or is conducting or taking part 
in such trade, directly or indirectly, for, or on account of, 
or on behalf of, or for the benefit of, an enemy or ally of 
enemy. 

(b) For any person, except with the license of the Presi- 
dent, to transport or attempt to transport into or from the 
United States, or for any owner, master, or other person in 
charge of a vessel of American registry to transport or at- 
tempt to transport from any place to any other place, any 
subject or citizen of an enemy or ally of enemy nation, with 
knowledge or reasonable cause to believe that the person 
transported or attempted to be transported is such subject 
or citizen. 

(c) For any person (other than a person in the service 
of the United States Government or of the Government of 
any nation, except that of an enemy or ally of enemy na- 
tion, and other than such persons or classes of persons as 
may be exempted hereunder by the President or by such 
person as he may direct), to send, or take out of, or bring 
into, or attempt to send, or take out of, or bring into the 
United States, any letter or other writing or tangible form 
of communication, except in the regular course of the mail ; 
and it shall be unlawful for any person to send, take, or- 



UNITED STATES STATUTES RELATING TO WAR CONDITIONS. 



29 



■ transmit, or attempt to send, take, or transmit out of the 
United States, any letter or other writing, book, map, plan, 
or other paper, picture, or any telegram, cablegram, or 
wireless message, or other form of communication intended 
for or to be delivered, directly or indirectly, to an enemy 
or ally of enemy: Provided, however, That any person may 
send, take, or transmit out of the United States anything 
herein forbidden if he shall first submit the same to the 
President, or to such officer as the President may direct, 
and shall obtain the license or consent of the President, 
under such rules and regulations, and with such exemp- 
tions, as shall be prescribed by the President. 

( d ) Whenever, during the present war, the President 
shall deem that the public safety demands it, he may cause 
to be censored under such rules and regulations as he may 
from time to time establish, communications by mail, cable, 
radio, or other means of transmission passing between the 
United States and any foreign country he may from time 
to time specify, or which may be carried by any vessel or 
other means of transportation touching at any port, place, 
or territory of the United States and bound to or from any 
foreign country. Any person who willfully evades or at- 
tempts to evade the submission of any such communication 
to such censorship or willfully uses or attempts to use any 
code or other device for the purpose of concealing from 
such censorship the intended meaning of such communica- 
tion shall be punished as provided in section sixteen of 
this Act. 

Sec. 4. (a) Every enemy or ally of enemy insurance or 
reinsurance company, and every enemy or ally of enemy, 
doing business within the United States through an agency 
or branch office, or otherwise, may, within thirty days after 
the passage of this Act, apply to the President for a license 
to continue to do business; and, within thirty days after 
such application, the President may enter an order either 
granting or refusing to grant such license. . . . 

(b) That, during the present war, no enemy, or ally of 
enemy, and no partnership of which he is a member or was 
a member at the beginning of the war, shall for any pur- 
pose assume or use any name other than that by which such 
enemy or partnership was ordinarily known at the begin- 
ning of the war, except under license from the President. 

Whenever, during the present war, in the opinion of the 
President the public safety or public interest requires, the 
President may prohibit any or all foreign insurance com- 
panies from doing business in the United States, or the 
President may license such company or companies to do 
business upon such terms as he may deem proper. 

Sec. 5. (a) That the President, if he shall find it com- 
patible with the safety of the United States and with the 
successful prosecution of the war, may, by proclamation, 
suspend the provisions of this Act so far as they apply to 
an ally of enemy, and he may revoke or renew such sus- 
pension from time to time; and the President may grant 
licenses, special or general, temporary or otherwise, and for 
such period of time and containing such provisions and 
conditions as he shall prescribe, to any person or class of 
persons to do business as provided in subsection (a) of sec- 
tion four hereof. . . . 

If the President shall have reasonable cause to believe 
that any act is about to be performed in violation of section 
three hereof he shall have authority to order the postpone- 
ment of the performance of such act for a period not ex- 
ceeding ninety days, pending investigation of the facts by 
him. 

(b) That the President may investigate, regulate, or 
prohibit, under such rules and regulations as he may pre- 
scribe, by means of licenses or otherwise, any transactions 



in foreign exchange, export or ear-markings of gold or sil- 
ver coin or bullion or currency, transfers of credit in any 
form (other than credits relating solely to transactions to 
be executed wholly within the United States), and trans- 
fers of evidences of indebtedness or of the ownership of 
property between the United States and any foreign coun- 
try, whether enemy, ally of enemy or otherwise, or between 
residents of one or more foreign countries, by any person 
within the United States; and he may require any such 
person engaged in any such transaction to furnish, under 
oath, complete information relative thereto, including the 
production of any books of account, contracts, letters or 
other papers, in connection therewith in the custody or con- 
trol of such person, either before or after such transaction 
is completed. 

Sec. 0. That the President is authorized to appoint, pre- 
scribe the duties of, and fix the salary ( not to exceed $5,000 
per annum) of an official to be known as the alien property 
custodian, who shall be empowered to receive all money 
and property in the United States due or belonging to an 
enemy, or ally of enemy, which may be paid, conveyed, 
transferred, assigned, or delivered to said custodian under 
the provisions of this Act; and to hold, administer, and ac- 
count for the same under the general direction of the Presi- 
dent and as provided in this Act. . . . 

Sec. 7. . . . (e) No person shall be held liable in any 
court for or in respect to anything done or omitted in pur- 
suance of any order, rule, or regulation made by the Presi- 
dent under the authority of this Act. 

Sec. 10. . . . (c) Any citizen of the United States or any 
corporation organized within the United States desiring to 
manufacture, or cause to be manufactured, a machine, man- 
ufacture, composition of matter, or design, or to carry on, or 
to use any trade-mark, print, label or cause to be carried on, 
a process under any patent or copyrighted matter owned or 
controlled by an enemy or ally of enemy at any time during 
the existence of a state of war may apply to the President 
for a license; and the President is hereby authorized to 
grant such a license, nonexclusive or exclusive as he shall 
deem best, provided he shall be of the opinion that such 
grant is for the public welfare, and that the applicant is 
able and intends in good faith to manufacture, or cause to 
be manufactured, the machine, manufacture, composition of 
matter, or design, or to carry on, or cause to be carried on, 
the process or to use the trade-mark, print, label or copy- 
righted matter. The President may prescribe the condi- 
tions of this license, including the fixing of prices of arti- 
cles and products necessary to the health of the military 
and naval forces of the United States or the successful 
prosecution of the war, and the rules and regulations under 
which such license may be granted and the fee which shall 
be charged therefor. . . . 

(f) The owner of any patent, trade-mark, print, label, or 
copyright under which a license is granted hereunder may, 
after the end of the war and until the expiration of one 
year thereafter, file a bill in equity against the licensee in 
the district court of the United States for the district in 
which the said licensee resides, or, if a corporation, in 
which it has its principal place of business (to which suit 
the Treasurer of the United States shall be made a party ) , 
for recovery from the said licensee for all use and enjoy- 
ment of the said patented invention, trade-mark, print, 
label, or copyrighted matter. 

Sec. 11. Whenever during the present war the President 
shall find that the public safety so requires and shall make 
proclamation thereof it shall be unlawful to import into 
the United States from any country named in such procla- 



30 



WAR REPRINTS, NO. 7. 



ination any article or articles mentioned in such procla- 
mation except at such time or times, and under such regu- 
Jations or orders, and subject to such limitations and excep- 
tions as the President shall prescribe, until otherwise or- 
dered by the President or by Congress: Provided, however, 
That no preference shall be given to the ports of one State 
over those of another. 

Sec. 16. That whoever shall willfully violate any of the 
provisions of this Act or of any license, rule, or regulation 
issued thereunder, and who shall willfully violate, neglect, 
or refuse to comply with any order of the President issued 
in compliance with the provisions of this Act shall, upon 
conviction, he fined not more than $10,000, or, if a natural 
person, imprisoned for not more than ten years, or both; and 
the officer, director, or agent of any corporation who know- 
ingly participates in such violation shall be punished by a 
like fine, imprisonment, or both, and any property, funds, 
securities, papers, or other articles or documents, or any 
vessel, together with her tackle, apparel, furniture, and 
equipment, concerned in such violation shall be forfeited to 
the United States. 

Sec. 19. That ten days after the approval of this Act and 
until the end of the war, it shall be unlawful for any per- 
son, firm, corporation, or association, to print, publish, or 
circulate, or cause to be printed, published, or circulated in 
any foreign language, any news item, editorial or other 
printed matter, respecting the Government of the United 
States, or of any nation engaged in the present war, its 
policies, international relations, the state or conduct of the 
war, or any matter relating thereto: Provided, That this 
section shall not apply to any print, newspaper, or publi- 
cation where the publisher or distributor thereof, on or be- 
fore offering the same for mailing, or in any manner dis- 
tributing it to the public, has filed with the postmaster at 
the place of publication, in the form of an affidavit, a true 
and complete translation of the entire article containing 
such matter proposed to be published in such print, news- 
paper, or publication, and has caused to be printed, in plain 
type in the English language, at the head of each such 
item, editorial, or other matter, on each copy of such print, 
newspaper, or publication, the words " True translation 
filed with the postmaster at on (naming 

the post office where the translation was filed, and the date 
of filing thereof) as required by the Act of (here 

giving the date of this Act). 

Any print, newspaper, or publication in any foreign lan- 
guage which does not conform to the provisions of this 
section is hereby declared to be nonmailable, and it shall 
be unlawful for any person, firm, corporation, or associa- 
tion, to transport, carry, or otherwise publish or distribute 
the same, or to transport, carry or otherwise publish or dis- 
tribute any matter which as made nonmailable by the pro- 
visions of the Act relating t<« espionage, approved June 
fifteenth, nineteen hundred and seventeen: Provided fur- 
ther, That upon evidence satisfactory to him that any 
print, newspaper, or publication, printed in a foreign lan- 
re may be printed, published, and distributed free from 
the foregoing restrictions and conditions without detriment 
to the United States in the conduct of the present war. 
the President may cause to be issued to the printers or pub- 
ers of such print, newspaper, or publication, a permit to 
print, publish, and circulate the issue or issues of their 
print, newspaper, or publication, free from such restric- 
tions and requirements, such permits to be subject to revo- 
cation at his discretion. And the Postmaster General shall 
cause copies of all such permits and revocations of permits 
to be furnished to the postmaster of the post office serving 
the place from which the print, newspaper, or publication, 



granted the permit is to emanate. All matter printed, pub- 
lished and distributed under permits shall bear at the head 
thereof in plain type in the English language, the words, 
•" Published and distributed under permit authorized by the 
Act of (here giving date of this Act), on file at 

the post office of (giving name of office)." 

Approved, October G, 1017. 

Joint Resolution Declaring a State of Was Between 

austria-hungary and the united states, 

December 7, 1917. 

Whereas the Imperial and Royal Austro-Hungarian Gov- 
ernment has committed repeated acts of war against the 
Government and the people of the United States of Amer- 
ica: Therefore be it 

Resolved by the Senate and House of Representatives of 
the United States of America in Congress assembled, That 
a state of war is hereby declared to exist between the 
United States of America and the Imperial and Royal 
Austro-Hungarian Government; and that the President be, 
and he is hereby, authorized and directed to employ the en- 
tire naval and military forces of the United States and the 
resources of the Government to carry on war against the 
Imperial and Royal Austro-Hungarian Government; and 
to bring the conflict to a successful termination all the re- 
sources of the country are hereby pledged by the Congress 
of the United States. 

Approved, December 7, 1917. 

Act to Provide Housing foe Fleet Workers, 
March 1, 191S. 

Be it enacted by the Senate and House of Representatives 
of the United States of America in Congress assembled, 
That the United States Shipping Board Emergency Fleet 
Corporation is hereby authorized and empowered within 
the limits of the amounts herein authorized — 

(a) To purchase, lease, requisition, including the requi- 
sition of the temporary use of, or acquire by condemnation 
or otherwise any improved or unimproved land or any in- 
terest therein suitable for the construction thereon of 
houses for the use of employees and the families of employ- 
ees of shipyards in which ships are being constructed for 
the United States. 

(b) To construct on such land for the use of such em- 
ployees and their families houses and all other necessary or 
convenient facilities, upon such conditions and at such 
price as may be determined by it, and to sell, lease, or ex- 
change such houses, land, and facilities upon such terms 
and conditions as it may determine. 

(c) To purchase, lease, requisition, including the requi- 
sition of the temporary use of. or acquire by condemnation 
or otherwise any houses or other buildings for the use of 
such employees and their families, together with the land 
on which the same are erected, or any interest therein, all 
necessary and proper fixtures and furnishings therefor, and 
all necessary and convenient facilities incidental thereto; 
to manage, repair, sell, lease, or exchange such lands, 
houses, buildings, fixtures, furnishings, and facilities upon 
such terms and conditions as it may determine tc carry out 
the purposes of this act. 

(d) To make loans to persons, firms, or corporations in 
such manner upon such terms and security, and for such 
time not exceeding ten years, as it may determine to pro- 
vide houses and facilities for the employees and the fami- 
lies of employees of such shipyards. 

Whenever said United States Shipping Board Emergency 

Fleet Corporation shall acquire by requisition or condemna- 

such property or any interest therein, it shall deter- 



UNITED STATES STATUTES RELATING TO WAR CONDITIONS. 



mine and make just compensation therefor, and if the 
amount thereof so determined is unsatisfactory to the per- 
son entitled to receive the same, such person shall be paid 
seventy-five per centum of the amount so determined, and 
shall be entitled to sue the United States to recover such 
further sum as added to such seventy-five per centum will 
make such an amount as will be just compensation for the 
property or interest therein so taken, in the manner pro- 
vided by section twenty-four, paragraph twenty, and sec- 
tion one hundred and forty-five of the Judicial Code. 

That whenever the said United States Shipping Board 
Emergency Fleet Corporation shall requisition any prop- 
erty or rights, or upon the filing of a petition for con- 
demnation hereunder, immediate possession may be taken 
by it of such land, houses, or other property, rights, and 
facilities, to the extent of the interests to be acquired 
therein, and the same may be immediately occupied and 
used and the provisions of section three hundred and fifty- 
five of the Revised Statutes, providing that no public 
money shall be expended upon such land until the written 
opinion of the Attorney General shall be had in favor of 
the validity of the title nor until the consent of the legis- 
lature of the State in which the land is located has been 
given, shall be, and the same are hereby, suspended as to all 
land acquired hereunder. 

The power to acquire property by purchase, lease, requi- 
sition or condemnation, or to construct houses, or other 
buildings, and to make loans, or otherwise extend aid as 
herein granted shall cease with the termination of the 
present war with Germany. The date of the conclusion of 
the war shall be declared by proclamation of the Presi- 
dent. . . . 

That for the purpose of carrying out the provision ol 
this act the expenditure of $50,000,000 is hereby authorized, 
and in executing the authority granted by this act, the sj.il 
United States Shipping Board Emergency Fleet Corpora- 
tion shall not expend more than the said sum, nor shall any 
contract for construction be entered into which provides 
that the compensation of the contractor shall be the cost 
of construction plus a percentage thereof for profit, unless 
such contract shall also fix the reasonable cost of such con- 
struction as determined by the United States Shipping 
Board Emergency Fleet Corporation and provide that upon 
any increase in cost above the reasonable cost so fixed by 
such board, the percentage of profit shall decrease as the 
cost increases in accordance with a rate to be fixed by said 
board and expressed in the contract. 

Xo contract shall be let without the approval of the 
United States Shipping Board Emergency Fleet Corpora- 
tion: Provided, however, That nothing herein contained 
shall be construed to prevent said board from contracting 
for the payment of premiums or bonuses for the speedy 
completion of the work contracted for: Provided fur titer. 
That the United States Shipping Board Emergency Fleet 
Corporation shall report to Congress on the first Monday 
in December of each year the names of all persons or cor- 
porations with whom it has made contracts and of such 
subcontractors as may be employed in furtherance of this 
act, including a statement of the purposes and amounts 
thereof, together with a detailed statement of all expendi- 
tures by contract or otherwise for land, buildings, material, 
labor, salaries, commissions, demurrage, or other charges 
in excess of $10,000. 

Approved, March 1, 1918. 

Protection of the Civtl Rights op Persons in the 

Military and Naval Establishments, 

Makch 8, 1918. 

An Act to extend protection to the civil rights of mem- 



bers of the Military and Naval Establishments of the 
United States engaged in the present war. 

Be it enacted by the Senate and House of Representatives 
of the United States of America in Congress assembled, 

Abticle I. 

GENERAL PROVISIONS. 

Sec. 100. That for the purpose of enabling the United 
States the more successfully to prosecute and carry on the 
war in which it is at present engaged, protection is hereby 
extended to persons in military service of the United States 
in order to prevent prejudice or injury to their civil rights 
during their term of service and to enable them to devote 
their entire energy to the military needs of the Nation, and 
to this end the following provisions are made for the tem- 
porary suspension of legal proceedings and transactions 
which may prejudice the civil rights of persons in such ser- 
vice during the continuance of the present war. . . . 

Article II. 

GENERAL RELIEF. 

Sec. 200. That in any action or proceeding commenced in 
any court if there shall be a default of an appearance by 
the defendant the plaintiff before entering judgment shall 
file in the court an affidavit setting forth facts showing that 
the defendant is not in military service. If unable to file 
such affidavit plaintiff shall in lieu thereof file an affidavit 
setting forth either that the defendant is in the military 
service or that plaintiff is not able to determine whether 
or not defendant is in such service. If an affidavit is not 
filed showing that the defendant is not in the military ser- 
vice, no judgment shall be entered without first securing an 
order of court directing such entry, and no such order shall 
be made if the defendant is in such service until after the 
court shall have appointed an attorney to represent de- 
fendant and protect his interest and the court shall on ap- 
plication make such appointment. . . . 

Sec. 201. That at any stage thereof any action or pro- 
ceeding commenced in any court by or against a person in 
military service during the period of such service or within 
sixty days thereafter may, in the discretion of the court 
in which it is pending, on its own motion, and shall, on ap- 
plication to it by such person or some person on his behalf, 
be stayed as provided in this act, unless, in the opinion of 
the court, the ability of plaintiff to prosecute the action or 
the defendant to conduct his defense is not materially 
affected by reason of his military service. . . . 

Article III. 

RENT, INSTALLMENT CONTRACTS, MORTGAGES. 

Sec 300. ( 1 ) That no eviction or distress shall be made 
during the period of military service in respect of any 
premises for which the agreed rent does not exceed $50 per 
month, occupied chiefly for dwelling purposes by the wife, 
children or other dependents of a person in military ser- 
vice, except, upon leave of court granted upon application 
therefor, or granted in an action or proceeding affecting 
the right of possession. . . . 

Sec 301. (1) That no person who has received, or 
whose assignor has received, under a contract for the pur- 
chase of real or personal property, or of lease or bailment 
with a view to purchase of such property, a deposit or in- 
stallment of the purchase price from a person or from the 
assignor of a person who, after the date of payment of 
such deposit or installment, has entered military service, 
shall exercise any right or option under such contract to 
rescind or terminate the contract or reserve possession of 
the property for non-payment of any installment falling 



32 



WAR REPRINTS. NO. 



due during the period of such military service, except by 
action in a court of competent jurisdiction. . . . 
Akticle IV. 

INSURANCE. 

Sec. 405. That no policy which has not lapsed for the 
•non-payment of premium before the commencement of the 
period of military service of the insured, and which has 
been brought within the benefits of this Article, shall lapse 
or be forfeited for the non-payment of premium during the 
period of such service or during one year after the expira- 
tion of such period: Provided, That in no case shall this 
prohibition extend for more than one year after the ter- 
mination of the war. . . . 

Article V. 

TAXES AND PUBLIC LANDS. 

Sec 500. ( 1 ) That the provisions of this section shall 
apply when any taxes or assessments, whether general or 
special, falling due during the period of military service 
in respect of real property owned and occupied for dwelling 
or business purposes by a person in military service or his 
dependents at the commencement of his period of military 
service and still- so occupied by his dependents or employ- 
.ees are not paid. 

(2) When any person in military service, or any person 
in his behalf, shall file with the collector of taxes, or other 
officer whose duty it is to enforce the collection of taxes 
or assessments, an affidavit showing (a) that a tax or as- 
sessment has been assessed upon property which is the sub- 
ject of this section, (b) that such tax or assessment is 
unpaid, and (c) that by reason of such military service the 
ability of such person to pay such tax or assessment is 
materially lessened, no sale of such property shall be made 
to enforce the collection of such tax or assessment, or any 
proceeding or action for such purpose commenced, except 
upon leave of court granted upon an application made 
therefor by such collector or other officer. The court there- 
upon may stay such proceedings or such sale, as provided in 
this Act, for a period extending not more than six months 
after the termination of the war. . . . 

Sec. 501. That no right to any public lands initiated or 
-acquired prior to entering military service by any person 
under the homestead laws, the desert-land laws, the mining- 
land laws, or any other laws of the United States, shall be 
forfeited or prejudiced by reason of his absence from such 
land, or of his failure to perform any work or make any 
improvements thereon, or to do any other act required by 
any such law during the period of such service. . . . 

Article VI. 

ADMINISTRATIVE REMEDIES. 

Sec. 600. That where in any proceeding to enforce a civil 
right in any court it is made to appear to the satisfaction 
of the court that any interest, property, or contract has 
the date of the approval of this Act been transferred 
or acquired with intent to delay the just enforcement of 
such right by taking advantage of this Act, the court shall 
enter such judgment or make such order as might lawfully 
In' entered or made the provisions of this Act to the con- 
trary notwithstanding. . . . 

Approved, March 8, 1918. 

Daylight Saving Law, March 10. 1918. 

An act to save daylight and to provide standard time for 
the United States. 

Be it enacted tin the Senate and House of Representatives 
of the United States of America in Congress assembled, 



'That, for the purpose of establishing the standard time of 
the United States, the territory of continental United 
States, shall be divided into five zones in the manner here- 
inafter provided. The standard time of the first zone shall 
be based on the mean astronomical time of the seventy- 
fifth degree of longitude west from Greenwich; that of the 
second zone on the ninetieth degree; that of the third zone 
on the one hundred and fifth degree; that of the fourth 
zone on the one hundred and twentieth degree: and that 
of the fifth zone, which shall include only Alaska, on the 
one hundred and fiftieth degree. That the limits of each 
zone shall be defined by an order of the Interstate Com- 
merce Commission, having regard for the convenience of 
commerce and the existing junction points and division 
points of common carriers engaged in commerce between 
the several States and with foreign nations, and such order 
may be modified from time to time. 

Sec. 2. That within the respective zones created under 
the authority hereof the standard time of the zone shall 
govern the movement of all common carriers engaged in 
commerce between the several States or between a State 
and any of the Territories of the United States, or between 
a State or the Territory of Alaska and any of the insular 
possessions of the United States or any foreign country. 
In all statutes, orders, rules, and regulations relating to 
the time of performance of any act by any officer or de- 
partment of the United States, whether in the legislative, 
executive, or judicial branches of the Government, or relat- 
ing to the time within which any rights shall accrue or de- 
termine, or within which any act shall or shall not be 
performed by any person subject to the jurisdiction of the 
United States, it shall be understood and intended that the 
time shall be the United States standard time of the zone 
within which the act is to be performed. 

Sec. 3. That at 2 o'clock antemeridian of the last Sun- 
day in March of each year the standard time of each zone 
shall be advanced one hour, and at 2 o'clock antemeridian 
of the last Sunday in October in each year the standard 
time of each zone shall, by the retarding of one hour, be 
returned to the mean astronomical time of the degree of 
longitude governing said zone, so that between the last 
Sunday in March at 2 o'clock antemeridian and the last 
Sunday in October at 2 o'clock antemeridian in each year 
the standard time in each zone shall be one hour in advance 
of the mean astronomical time of the degree of longitude 
governing each zone, respectively. 

Sec. 4. That the standard time of the first ^one shall be 
known and designated as United States standard eastern 
time; that of the second zone shall be known and desig- 
nated as United States standard central time; that of the 
third zone shall be known and designated as United States 
standard mountain time; that of the fourth zone shall be 
known and designated as United States standard Pacific 
time; and that of the fifth zone shall be known and desig- 
nated as United States standard Alaska time. 

Sec. 6. That all acts and parts of acts in conflict here- 
with are hereby repealed. 

Approved, March 10, 1018. 

Act Authorizing the President to Take Control of 
Transportation Systems, Mabch 21, 191S. 

An Act to provide for the operation of transportation 
systems while under Federal control, for the just compen- 
sation of their owners, and for other purposes.n 

ii For the previous action of the President in taking over 
railroad control, see proclamation of December 26, 1017, p. 
42. 



UNITED STATES STATUTES RELATING TO WAR CONDITIONS. 



33 



Be it enacted by the Senate and House of Representatives 
of the United States of America in Congress assembled, 
That the President, having in time of war taken over the 
possession, use, control, and operation (called herein car- 
riers ) , is hereby authorized to agree with and to guaran- 
tee to any such carrier making operating returns to the 
Interstate Commerce Commission, that during the period 
of such Federal control it shall receive as just compensa- 
tion an annual sum, payable from time to time in reason- 
able installments, for each year and pro rata for any frac- 
tional year of such Federal control, not exceeding a sum 
equivalent as nearly as may be to its average annual rail- 
way operating income for the three years ended June thir- 
tieth, nineteen hundred and seventeen. 

That any railway operating income accruing during the 
period of Federal control in excess of such just compensa- 
tion shall remain the property of the United States. . . . 

Every such agreement shall also contain adequate and 
appropriate provisions for the maintenance, repair, renew- 
als, and depreciation of the property, for the creation of 
any reserves or reserve funds found necessary in connec- 
tion therewith, and for such accounting and adjustments 
of charges and payments, both during and at the end of 
Federal control, as may be requisite in order that the prop- 
erty of each carrier may be returned to it in substantially 
as good repair and in substantially as complete equipment 
as it was in at the beginning of Federal control, and also 
that the United States may, by deductions from the just 
compensations or by other proper means and charges, be 
reimbursed for the cost of any additions, repairs, renewals, 
and betterments to such property not justly chargeable to 
the United States; in making such accounting and adjust- 
ments, due consideration shall be given to the amounts ex- 
pended or reserved by each carrier for maintenance, repairs, 
renewals, and depreciation during the three years ended 
June thirtieth, nineteen hundred and seventeen, to the con- 
dition of the property at the beginning and at the end of 
Federal control and to any other pertinent facts and cir- 
cumstances. . . . 

That every railroad not owned, controlled, or operated by 
another carrier company, and which has heretofore com- 
peted for traffic with a railroad or railroads of which the 
President has taken the possession, use and control, or 
which connects with such railroads and is engaged as a 
common carrier in general transportation, shall be held and 
considered as within " Federal control," as herein defined, 
and necessary for the prosecution of the war, and shall he 
entitled to the benefit of all the provisions of this act: 
Provided, however, That nothing in this paragraph shall be 
construed as including any street or interurban electric 
railway which has as its principal source of operating reve- 
nue urban, suburban, or interurban passenger traffic, or 
sale of power, heat and light or both. . . . 

Sec. 2. That if no such agreement is made, or pending 
the execution of an agreement, the President may neverthe- 
less pay to any carrier while under Federal control an an- 
nual amount, payable in reasonable installments, not ex- 
ceeding ninety per centum of the estimated annual amount 
of just compensation, remitting such carrier, in case where 
no agreement is made, to its legal rights for any balance 
claimed to the remedies provided in section three hereof. 
Any amount thereafter found due such carrier above the 
amount paid shall bear interest at the rate of six per cen- 
tum per annum. The acceptance of any benefits under this 
section shall constitute an acceptance by the carrier of all 
the provisions of this act and shall obligate the carrier to 
pay to the United States, with interest at the rate of six 
per centum per annum from a date or dates fixed in pro- 



ceedings under section three, the amount by which the sums 
received under this section exceed the sum found due in 
such proceedings. 

Sec. 3. That all claims for just compensation not ad- 
justed (as provided in section one) shall, on the applica- 
tion of the President or of any carrier, be submitted to 
boards, each consisting of three referees to be appointed by 
the Interstate Commerce Commission, members of which 
and the official force thereof being eligible for service on 
such boards without additional compensation. . . . 

Sec. 4. That the just compensation that may be deter- 
mined as hereinbefore provided by agreement or that may 
be adjudicated by the Court of Claims shall be increased 
by an amount reckoned at a reasonable rate per centum 
to be fixed by the President upon the cost of any additions 
and betterments, less retirements, and upon the cost of road 
extensions to the property of such carrier made by such 
carrier with the approval of or by order of the President 
while such property is under Federal control. 

Sec. 5. That no carrier while under Federal control 
shall, without the prior approval of the President, declare 
or pay any dividend in excess of its regular rate of divi- 
dends during the three years ended June thirtieth, nine- 
teen hundred and seventeen: Provided, however, That such 
carriers as have paid no regular dividends or no dividends 
during said period may, with the prior approval of the 
President, pay dividends at such rate as the President may 
determine. 

Sec. 6. That the sum of $500,000,000 is hereby appro- 
priated, out of any moneys in the Treasury not otherwise 
appropriated, which, together with any funds available 
from any operating income of said carriers, may be used by 
the President as a revolving fund for the purpose of paying 
the expenses of the Federal control, and so far as necessary 
the amount of just compensation, and to provide terminals, 
motive power, cars, and other necessary equipment, such 
terminals, motive power, cars, and equipment to be used 
and accounted for as the President may direct and to be 
disposed of as Congress may hereafter by law provide. 

The President may also make or order any carrier to 
make any additions, betterments, or road extension, and to 
provide terminals, motive power, cars and other equipment 
necessary or desirable for war purposes or in the public 
interest on or in connection with the property of any car- 
rier. He may from said revolving fund advance to such 
carrier all or any part of the expense of such additions, 
betterments, or road extensions, and to provide terminals, 
motive power, cars, and other necessary equipment so or- 
dered and constructed by such carrier or by the President, 
such advances to be charged against such carrier and to 
bear interest at such rate and be payable on such terms as 
may be determined by the President, to the end that the 
United States ma; - be fully reimbursed for any sums so ad- 
vanced. 

Any loss claimed by any carrier by reason of any such 
additions, betterments, or road extensions, ordered and 
constructed may be determined by agreement between the 
President and such carrier; failing such agreement the 
amount of such loss shall be ascertained as provided in sec- 
tion three hereof. 

From said revolving fund the President may expend such 
an amount as he may deem necessary or desirable for the 
utilization and operation of canals, or for the purchase, con- 
struction, or utilization and operation of boats, barges, 
tugs, and other transportation facilities on the inland, 
canal, and coastwise waterways, and may in the operation 
and use of such facilities create or employ such agencies 



31 



WAR REPRINTS. NO. 7. 



and enter into such contracts and agreements as he shall 
deem in the public interest. 

Sec. 7. That for the purpose of providing funds requisite 
for maturing obligations or for other legal and proper ex- 
penditures, or for reorganizing railroads in receivership, 
carriers may, during the period of Federal control, issue 
such bonds, notes, equipment trust certificates, stock, and 
other forms of securities, secured or unsecured by mort- 
gage, as the President may first approve as consistent with 
the public interest. The President may, out of the revolv- 
ing fund created by this act, purchase for the United States 
all or any part of such securities at prices not exceeding 
par, and may sell such securities whenever in his judgment 
it is desirable at prices not less than the cost thereof. Any 
securities so purchased shall be held by the Secretary of 
the Treasury who shall, under the direction of the Presi- 
dent, represent the United States in all matters in connec- 
tion therewith in the same manner as a private holder 
thereof. The President shall each year as socn as prac- 
ticable after January first cause a detailed report to be 
submitted to the Congress of all receipts and expenditures 
made under this section and section six during the preced- 
ing calendar year. . . . 

Sec. 10. That carriers while under Federal control shall 
be subject to all laws and liabilities as common carriers, 
whether arising under State or Federal laws or at common 
law, except in so far as may be inconsistent with the pro- 
visions of this act or any act applicable to such Federal 
control or with any order of the President. . . . 

That during the period of Federal control, whenever in 
his opinion the public interest requires, the President may 
initiate iates, fares, charges, classifications, regulations, 
and practices by filing the same with the Interstate Com- 
merce Commission, which said rates, fares, charges, classi- 
fications, regulations, and practices shall not be suspended 
by the commission pending final determination. 

Said rates, fares, charges, classifications, regulations, and 
practices shall be reasonable and just and shall take effect 
at such time and upon such notice as he may direct, but 
the Interstate Commerce Commission shall, upon com- 
plaint, enter upon a hearing concerning the justness and 
reasonableness of so much of any order of the President as 
establishes or changes any rate, fare, charge, classification, 
regulation, or practice of any carrier under Federal con- 
trol, and may consider all the facts and circumstances ex- 
isting at the time of the making of the same. Tn determin- 
ing any question concerning any such rates, fares, charges, 
classifications, regulations, or practices or changes therein, 
the Interstate Commerce Commission shall give due consid- 
eration to the fact that the transportation systems are be- 
ing operated under a unified and co-ordinated national con- 
trol and not in competition. 

After full hearing the commission may make such find- 
ings and orders as are authorized by the act to regulate 
commerce as amended, and said findings and orders shall 
be enforced as provided in said act: Provided, however, 
That when the President shall find and certify to the Inter- 
state Commerce Commission that in order to defray the 
expenses of Federal control and operation fairly charge- 
able to railway operating expenses and also to pay railway 
tax accruals other than war taxes, net rents for joint facili- 
ties and equipment, and compensation to the carriers, oper- 
ating as a unit, it is necessary to increase the railway oper- 
ating revenues, the Interstate Commerce Commission, in de- 
termining the justness and reasonableness of any rate, fare, 
charge, classification, regulation, or practice shall take into 
consideration said finding and certificate by the President, 
together with such recommendations as he may make. . . . 



Sec. 14. That the Federal control of railroads and trans- 
portation systems herein and heretofore provided for shall 
continue for and during the period of the war and for a 
reasonable time thereafter, which shall not exceed one year 
and nine months next following the date of the proclama- 
tion by the President of the exchange of ratifications of the 
treaty of peace: Provided, however, That the President 
may, prior to July first, nineteen hundred and eighteen, 
relinquish control of all or any part of any railroad or 
system of transportation, further Federal control of which 
the President shall deem not needful or desirable; and the 
President may at any time during the period of Federal 
control agree with the owners thereof to relinquish all or 
any part of any railroad or system of transportation. The 
President may relinquish all railroads and systems of 
transportation under Federal control at any time he shall 
deem such action needful or desirable. No right to com- 
pensation shall accrue to such owners from and after the 
date of relinquishment for the property so relinquished. 

Sec. 15. That nothing in this act shall be construed to 
amend, repeal, impair, or affect the existing laws or powers 
of the States in relation to taxation or the lawful police 
regulations of the several States, except wherein such laws, 
powers, or regulations may affect the transportation of 
troops, war materials, Government supplies, or the issue 
of stocks and bonds. 

Sec. 16. That this act is expressly declared to be emer- 
gency legislation enacted to meet conditions growing out of 
war; and nothing herein is to be construed as expressing 
or prejudicing the future policy of the Federal Government 
concerning the ownership, control, or regulation of carriers 
or the method or basis of the capitalization thereof. 

Approved, March 21, 1918. 

War Finance Corporation Act, April 5, 1918. 

An Act to provide further for the national security and 
defense, and. for the purpose of assisting in the prosecu- 
tion of the war, to provide credits for industries and enter- 
prises in the United States necessary or contributory to the 
prosecution of the war, and to supervise the issuance of se- 
curities, and for other purposes. 

Be it enacted by the Senate and House of Representatives 
of the United States in Congress assembled. 

Title I. — War Finance Corporation. 

That the Secretary of the Treasury and four additional 
persons (who shall be the directors first appointed as here- 
inafter provided), are hereby created a body corporate and 
politic in deed and in law by the name, style, and title of 
the " War Finance Corporation " (herein called the corpora- 
tion), and shall have succession for a period of ten years: 
Provided, That in no event shall the Corporation exercise 
any of the powers conferred by this Act, except such as are 
incidental to the liquidation of its assets and the winding 
up of its affairs, after six months after the termination of 
the war, the date of such termination to be fixed by the 
proclamation of the President of the United States. 

Sec. 2. That the capital stock of the Corporation shall 
be $500,000,000, all of which shall be subscribed by the 
United States of America, and such subscription shall be 
subject to call upon the vote of three-fifths of the board 
of directors of the Corporation, with the approval of the 
Secretary of the Treasury, at such time or times as may be 
deemed advisable; and there is hereby appropriated, out of 
any money in the Treasury not otherwise appropriated, the 
sum of $500,000,000 or so much thereof as may be neces- 
sary for the purpose of making payment upon such sub- 
scription when and as called. . . . 



UNITED STATES STATUTES RELATING TO WAR CONDITIONS. 



35 



Sec. 3. That the management of the Corporation shall be 
vested in a board of directors, consisting of the Secretary 
of the Treasury, who shall be chairman of the board, and 
four other persons, to be appointed by the President of the 
United States, by and with the advice and consent of the 
Senate. No director, officer, attorney, agent, or employee of 
the Corporation shall in any manner, directly or indirectly, 
participate in the determination of any question affecting his 
personal interests, or the interests of any corporation, part- 
nership, or association, in which he is directly or indirectly 
interested ; and each director shall devote his time, not 
otherwise required by the business of the United States, 
principally to the business of the Corporation. . . . 

Of the four directors so appointed, the President of the 
United States shall designate two to serve for two years, 
and two for four years; and thereafter each director so ap- 
pointed shall serve for four years. . . . Any director shall 
be subject to removal by the President of the United 
States. . . . 

Sec. 4. That the four directors of the Corporation ap- 
pointed as hereinbefore provided shall receive annual sal- 
aries, payable monthly, of $12,000. . . . 

Sec. 7. That the Corporation shall be empowered and au- 
thorized to make advances, upon such terms, not inconsis- 
tent herewith, as it may prescribe, for periods not exceed- 
ing five years from the respective dates of such advances: 

( 1 ) To any bank, banker, or trust company in the 
United States, which shall have made after April sixth, 
nineteen hundred and seventeen, and which shall have out- 
standing, any loan or loans to any person, firm, corpora- 
tion, or association, conducting an established and going 
business in the United States, whose operations shall be 
necessary or contributory to the prosecution of the war, 
and evidenced by a note or notes, but no such advance shall 
exceed seventy-five per centum of the face value of such loan 
or loans; . . . [under certain conditions the advance may 
amount to one hundred per cent, of the loans]. 

Sec. 8. That the Corporation shall be empowered and au- 
thorized to make advances from time to time, upon such 
terms, not inconsistent herewith, as it may prescribe, for 
periods not exceeding one year, to any savings bank, bank- 
ing institution or trust company, in the United States, 
which receives savings deposits, or to any building and loan 
association in the United States, on the promissory note or 
notes of the borrowing institution, whenever the Corpora- 
tion shall deem such advances to be necessary or contribu- 
tory to the prosecution of the war or important in the pub- 
lic interest. . . . 

Sec. 9. That the Corporation shall be empowered and au- 
thorized in exceptional cases, to make advances directly to 
any person, firm, corporation, or association, conducting an 
established and going business in the United States, whose 
operations shall be necessary or contributory to the prose- 
cution of the war. . . . 

Sec. 10. That in no case shall the aggregate amount of 
the advances made under this title to any person, firm, cor- 
poration, or association exceed at any one time an amount 
equal to ten per centum of the authorized capital stock of 
the Corporation. . . . 

Sec. 12. That the Corporation shall be empowered and 
authorized to issue and have outstanding at any one time 
its bonds in an amount aggregating not more than six times 
its paid-in capital, such bonds to mature not less than one 
year nor more than five years from the respective dates of 
issue, and to bear such rate or rates of interest, and may 
be redeemable before maturity at the option of the Corpora- 
tion, as may be determined by the board of directors, but 



rate or rates of interest shall be subject to the approval 
of the Secretary of the Treasury. . . . 

Sec. 15. That all net earnings not required for its opera- 
tions shall be accumulated as a reserve fund until such 
time as the Corporation liquidates under the terms of this 
title. . . . 

Sec. 17. That the United States shall not be liable for 
the payment of any bond or other obligation or the interest 
thereon issued or incurred by the Corporation, nor shall it 
incur any liability in respect of any act or omission of the 
Corporation. . . . 

Title II. — Capital Issues Committee. 

Sec. 200. That there is hereby created a committee to be 
known as the '* Capital Issues Committee," hereinafter 
called the Committee; and to be composed of seven mem- 
bers to be appointed by the President of the United States, 
by and with the advice and consent of the Senate. At least 
three of the members shall be members of the Federal Re- 
serve Board. . . . 

Sec. 203. That the Committee may, under rules and regu- 
lations to be prescribed by it from time to time, investi- 
gate, pass upon, and determine whether it is compatible 
with the national interest that there should be sold or 
offered for sale or subscription any issue, or any part of 
any issue, of securities hereafter issued by any person, 
firm, corporation, or association, the total or aggregate par 
or face value of which issue and any other securities issued 
by the same person, firm, corporation, or association since 
the passage of this Act is in excess of $100,000. . . . 

Nothing in this title shall be construed to authorize such 
Committee to pass upon ( 1 ) any borrowing by any person, 
firm, corporation, or association in the ordinary course of 
business as distinguished from borrowing for capital pur- 
poses, (2) the renewing or refunding of indebtedness exist- 
ing at the time of the passage of this Act, (3) the resale 
of any securities the sale or offering of which the Commit- 
tee has determined to be compatible with the national in- 
terest, (4) any securities issued by any railroad corpora- 
tion the property of which may be in the possession and 
control of the President of the United States, or (5) any 
bonds issued by the War Finance Corporation. . . . 

Sec. 206. That this title shall continue in effect until, 
but not after, the expiration of six months after the ter- 
mination of the war. . . . 

Approved, April 5, 1918. 

Joint Resolution Changing Basis of Apportionment of 
the Draft, May 16, 191S. 

Joint Resolution Providing for the calling into military 
service of certain classes of persons registered and liable 
for military service under the terms of the Act of Con- 
gress approved May eighteenth, nineteen hundred and 
seventeen, entitled "An Act to authorize the President to 
increase temporarily the Military Establishment of the 
United States." 

Resolved by the Senate and flouse of Representatives of 
the United States of America in Congress assembled, That 
if under any regulations heretofore or hereafter prescribed 
by the President persons registered and liable for military 
service under the terms of the Act of Congress approved 
May eighteenth, nineteen hundred and seventeen, entitled 
"An Act to authorize the President to increase temporarily 
the Military Establishment of the United States," are 
placed in classes for the purpose of determining their rela- 
tive liability for military service, no provision of said Act 
shall prevent the President from calling for immediate 



36 



WAR REPRINTS. NO. 7. 



military service under regulations heretofore or hereafter 
prescribed by the President all or part of the persons in 
any class or classes except those exempt from draft under 
the provisions of said Act, in proportion to the total num- 
ber of persons placed in such class or classes in the vari- 
ous subdivisions of the States, Territories, and the District 
of Columbia designated by the President under the terms 
of said Act; or from calling into immediate military ser- 
vice persons classed as skilled experts in industry or agri- 
culture, however classified or wherever residing. 
Approved, May 10, 1918. 

Joint Resolution Extending Draft Provisions, 
May 20, 1918. 

Joint Resolution Providing for the registration for mili- 
tary service of all male persons citizens of the United 
States and all male persons residing in the United States 
who have since the fifth day of June, nineteen hundred and 
seventeen, and on or before the day set for the registration 
by proclamation by the President, attained the age of 
twenty-one years, in accordance with such rules and regula- 
tions as the President may prescribe under the terms of the 
Act approved May eighteenth, nineteen hundred and seven- 
teen, entitled "An Act to authorize the President to increase 
temporarily the Military Establishment of the United 
States." 

Resolved by the Senate and House of Representatives of 
the United States of America in Congress assembled, That 
during the present emergency all male persons, citizens of 
the United States and all male persons residing in the 
United States, who have, since the fifth day of June, nine- 
teen hundred and seventeen, and on or before the day set 
for the registration by proclamation by the President, at- 
tained the age of twenty-one years, shall be subject to reg- 
istration in accordance with regulations to be prescribed 
by the President, and that upon proclamation by the Presi- 
dent, stating the time and place of such registration, it 
shall be the duty of all such persons, except such persons 
as are exempt from registration under the Act of May 
eighteenth, nineteen hundred and seventeen, and any Act 
or Acts amendatory thereof, to present themselves for and 
submit to registration under the provisions of said Act ap- 
proved May eighteenth, nineteen hundred and seventeen, 
and they shall lie registered in the same manner and sub- 
ject to the same requirements and liabilities as those pre- 
viously registered under the terms of said Act: Provided, 
That those persons registered under the provisions of this 
Act shall be placed at. the bottom of the list of those liable 
for military service, in the several classes to which they 
are assigned, under such rules and regulations as the 
President may prescribe. 

Sec. 2. That after the day set under section one hereof 
for the registration by proclamation by the President at 
such intervals as the President may from time to time pre- 
srribe, the President may require that all male persons, 
citizens of the United States and all male persons residing 
in the United States, who have attained the age of twenty- 
one years since the last preceding date of registration, and 
on or before the next day set for the registration by pro- 
clamation by the President, except such persons as are ex- 
empt from registration under the Act of May eighteenth, 
nineteen hundred and seventeen, and any Act or Acts 
amendatory thereof, shall be registered in the same manner 
and subject to the same requirements and liabilities as 
those previously registered under the terms of said Act: 
Provided, That students who are preparing for the ministry 
in recognized theological or divinity schools, and students 



who are preparing for the practice of medicine and surgery 
in recognized medical schools, at the time of the approval 
of this Act shall be exempt from the selective draft pre- 
scribed in the Act of May eighteenth, nineteen hundred and 
seventeen. 

Sec. 3. That all such persons when registered shall be 
liable to military service and to' draft under the terms of 
said Act approved May eighteenth, nineteen hundred and 
seventeen, under such regulations as the President may 
prescribe not inconsistent with the terms of said Act. 

Six. 4. That all such persons shall be subject to the 
terms and provisions and liabilities of said Act approved 
May eighteenth, nineteen hundred and seventeen, in all re- 
spects as if they had been registered under the terms of said 
Act, and every such person shall be deemed to have notice 
of the requirements of said Act and of this joint resolution 
upon the publication of any such proclamation by the Presi- 
dent. 

Approved, May 20, 1918. 

Overman Bill, May 20, 1918. 

An Act Authorizing the President to coordinate or con- 
solidate executive bureaus, agencies, and offices, and for 
other purposes, in the interest of economy and the more 
efficient concentration of the Government. 

Be it enacted by the Senate and House of Representatives 
of the United States of America in Congress, assembled, 
That for the national security and defense, for the success- 
ful prosecution of the war, for the support and main- 
tenance of the Army and Navy, for the better utilization of 
resources and industries, and for the more effective exercise 
and more efficient administration by the President of his 
powers as Commander in Chief of the land and naval forces 
the President is hereby authorized to make such redistribu- 
tion of functions among executive agencies as he may deem 
necessary, including any functions, duties, and powers 
hitherto by law conferred upon any executive department, 
commission, bureau, agency, office, or officer, in such man- 
ner as in his judgment shall seem best fitted to carry out 
the purposes of this Act. and to this end is authorized to 
make such regulations and to issue such orders as he may 
deem necessary, which regulations and orders shall be in 
writing and shall be filed with the head of the department 
affected and constitute a public record: Provided, That this 
Act shall remain in force during the continuance of the 
present war and for six months after the termination of 
the war by the proclamation of the treaty of peace, or at 
such earlier time as the President may designate: Pro- 
)"/.</. further. That the termination of this Act shall not 
affect any act done or any right or obligation accruing or 
accrued pursuant to this Act and during the time that this 
Act is in force: Provided further. That the authority by 
this Act granted shall be exercised only in matters relating 
to the conduct of the present war. 

Sec. 2. That in carrying out the purposes of this Act the 
President is authorized to utilize, coordinate, or consolidate 
any executive or administrative commissions, bureaus, 
agencies, offices, or officers now existing by law, to trans- 
fer any duties or powers from one existing department, 
commission, bureau, agency, office, or officer to another, to 
transfer the personnel thereof or any part of it either by de- 
tail iir assignment, together with the whole or any part of 
the records and public property belonging thereto. 

Sec. 3. That the President is further authorized to es- 
tablish an executive agency which may exercise such juris- 
diction and control over the production of aeroplanes, areo- 
plane engines, and aircraft equipment as in his judgment 



EXECUTIVE PROCLAMATIONS RELATING TO THE WAR. 



37 



may be advantageous; and, further, to transfer to such 
agency, for its use, all or any moneys heretofore appro- 
priated for the production of aeroplanes, aeroplane engines, 
and aircraft equipment. 

Sec. 4. That for the purpose of carrying out the provi- 
sions of this Act, any moneys heretofore and hereafter ap- 
propriated for the use of any executive department, com- 
mission, bureau, agency, office, or officer shall be expended 
only for the purposes for which it was appropriated under 
the direction of such other agency as may be directed by the 
President hereunder to perform and execute said function. 

Sec. 5. That should the President, in redistributing the 
functions among the executive agencies as provided in this 
Act, conclude that any bureau should be abolished and it 



or their duties and functions conferred upon some other de- 
partment or bureau or eliminated entirely, he- shall report 
his conclusions to Congress with such recommendations as 
he may deem proper. 

Sec. 6. That all laws or parts of laws conflicting with 
the provisions of this Act are to the extent of such conflict 
suspended while this Act is in force. 

Upon the termination of this Act all executive or ad- 
ministrative agencies, departments, commissions, bureaus, 
offices, or officers shall exercise the same functions, duties, 
and powers as heretofore or as hereafter by law may be pro- 
vided, any authorization of the President under this Act to 
the contrary notwithstanding. 

Approved, May 20, 1918. 



Executive Proclamations and Orders 



April 6, 1 91 7, to April 10, 191 8 



Proclamation of State of War and of Alien Enemy 
Regulations, April 6, 1917. 

Whereas the Congress of the United States in the exer- 
cise of the constitutional authority vested in them have re- 
solved, by joint resolution of the Senate and House of 
Representatives bearing date this day " That the state of 
war between the United States and the Imperial German 
Government which has been thrust upon the United States 
is hereby formally declared " : 

Whereas it is provided by Section four thousand and 
sixty-seven of the Revised Statutes, as follows: 

Whenever there is declared a war between the United 
States and any foreign nation or government, or any inva- 
sion, or predatory incursion is perpetrated, attempted, or 
threatened against the territory of the United States, by 
any foreign nation or government, and the President makes 
public proclamation of the event, all natives, citizens, deni- 
zens, or subjects of the hostile nation or government, being 
males of the age of fourteen years and upwards, who shall 
be within the United States, and not actually naturalized, 
shall be liable to be apprehended, restrained, secured, and 
removed as alien enemies. The President is authorized, in 
any such event, by his proclamation thereof, or other pub- 
lic act, to direct the conduct to be observed, on the part of 
the United States, toward the aliens who become so liable; 
the manner and degree of the restraint to which they shall 
be subject, and in what cases, and upon what security their 
residence shall be permitted, and to provide for the removal 
of those who, not being permitted to reside within the 
United States, refuse or neglect to depart therefrom ; and 
to establish any other regulations which are found neces- 
sary in the premises and for the public safety ; 

Whereas, by Sections four thousand and sixty-eight, four 
thousand and sixty-nine, and four thousand and seventy, of 
the Revised Statutes, further provision is made relative to 
alien enemies; 

Now, therefore, I, Woodrow Wilson, President of the 
United States of America, do hereby proclaim to all whom 
it may concern that a state of war exists between the 
United States and the Imperial German Government; and 
I do specially direct all officers, civil or military, of the 
United States that they exercise vigilance and zeal in the 
discharge of the duties incident to such a state of war; and 



I do, moreover, earnestly appeal to all American citizens 
that they, in loyal devotion to their country, dedicated 
from its foundation to the principles of liberty and justice, 
uphold the laws of the land, and give undivided and willing 
support to those measures which may be adopted by the 
constitutional authorities in prosecuting the war to a suc- 
cessful issue and in obtaining a secure and just peace; 

And, acting under and by virtue of the authority vested 
in me by the Constitution of the United States and the 
said sections of the Revised Statutes, I do hereby further 
proclaim and direct that the conduct to be observed on the 
part of the United States towards all natives, citizens, deni- 
zens, or subjects of Germany, being males of the age of 
fourteen years and upwards, who shall be within the United 
States and not actually naturalized, who for the purpose 
of this proclamation and under such sections of the Revised 
Statutes are termed alien enemies, shall be as follows: 

All alien enemies are enjoined to preserve the peace 
towards the United States and to refrain from crime against 
the public safety, and from violating the laws of the United 
States and of the States and Territories thereof, and to re- 
frain from actual hostility or giving information, aid or 
comfort to the enemies of the United States, and to comply 
strictly with the regulations which are hereby or which 
may be from time to time promulgated by the President ; 
and so long as they shall conduct themselves in accordance 
with law, they shall be undisturbed in the peaceful pursuit 
of their lives and occupations and be accorded the consid- 
eration due to all peaceful and law-abiding persons, except 
so far as restrictions may be necessary for their own pro- 
tection and for the safety of the United States; and 
towards such alien enemies as conduct themselves in ac- 
cordance with law, all citizens of the United States are en- 
joined to preserve the peace and to treat them with all such 
friendliness as may be compatible with loyalty and alle- 
giance to the United States; 

And all alien enemies who fail to conduct themselves as 
so enjoined, in addition to all other penalties prescribed by 
law, shall be liable to restraint, or to give security, or to 
remove and depart from the United States in the manner 
prescribed by Sections four thousand and sixty-nine and 
four thousand and seventy of the Revised Statutes, and as 
prescribed in the regulations duly promulgated by the 
President; 



38 



WAR REPRINTS, NO. 



And pursuant to the authority vested in me, I hereby 
declare and establish the following regulations, which I 
find necessary in the premises and for the public safety; 

(1) An alien enemy shall not have in his possession, at 
any time or place, any firearm, weapon, or implement of 
war, or component part thereof, ammunition, maxim or 
other silencer, bomb or explosive or material used in the 
manufacture of explosives; 

(2) An alien enemy shall not have in his possession at 
any time or place or use or operate any aircraft or wire- 
less apparatus, or any form of signalling device, or any 
form of cipher code, or any paper, document or book writ- 
ten or printed in cipher or in which there may be invisible 
writing; 

(3) All property found in the possession of an alien 
enemy in violation of the foregoing regulations, shall be 
subject to seizure by the United States; 

( 4 ) An alien enemy shall not approach or be found with- 
in one-half of a mile of any Federal or State fort, camp, 
arsenal, aircraft station, Government or naval vessel, navy 
yard, factory, or workshop for the manufacture of muni- 
tions of war or of any products for the use of the army or 
navy ; 

(5) An alien enemy shall not write, print, or publish 
any attack or threats against the Government or Congress 
of the United States, or either branch thereof, or against 
the measures or policy of the United States, or against the 
person or property of any person in the military, naval, or 
civil service of the United States, or of the States or Ter- 
ritories, or of the District of Columbia, or of the munici- 
pal governments therein ; 

(6) An alien enemy shall not commit or abet any hostile 
act against the United States, or give information, aid, or 
comfort to its enemies; 

(7) An alien enemy shall not reside in or continue to 
reside in, to remain in, or enter any locality which the 
President may from time to time designate by Executive 
Order as a prohibited area in which residence by an alien 
enemy shall be found by him to constitute a danger to the 
public peace and safety of the United States, except by per- 
mit from the President and except under such limitations 
or restrictions as the President may prescribe; 

(8) An alien enemy win mi the President shall have rea- 
sonable cause to believe to be aiding or about to aid the 
enemy, or to be at large to the danger of the public peace 
or safety of the United States, or to have violated or to be 
about to violate any of these regulations shall remove to 
any location designated by the President by Executive Or- 
der, and shall not remove therefrom without a permit, or 
shall depart from the United States if so required by the 
President ; 

(9) No alien enemy shall depart from the United States 
until he shall have received such permit as the President 
shall prescribe, or except under order of a court, judge, or 
justice, under Sections 40(19 and 4070 of the Revised 
Statutes; 

(10) No alien enemy shall land in or enter the United 
States, except under such restrictions and at such places 
as the President may prescribe; 

(11) If necessary to prevent violations of these regula- 
tions, all alien enemies will be obliged to register; 

(12) An alien enemy whom there may be reasonable 
cause to believe to be aiding or about to aid the enemy, or 
who may be at large to the danger of the public peace or 
safety, or who v ; olates or attempts to violate, or of whom 
there is reasonable ground to believe that he is about to 
violate, any regulation duly promulgated by the President, 
or any criminal law of the United States, or of the States 



or Territories thereof, will be subject to summary arrest by 
the United States Marshal, or his deputy, or such other 
officer as the President shall designate, and to confinement 
in such penitentiary, prison, jail, military camp, or other 
place of detention as may be directed by the President. 

This proclamation and the regulations herein contained 
shall extend and apply to all land and water, continental 
or insular, in any way within the jurisdiction jf the United 
States.i 

In witness whereof, I have hereunto set my hand and 
caused the seal of the United States to be affixed. 

Done at the City of Washington, this sixth day of April, 
in the year of our Lord one thousand nine hundred and 
seventeen, and of the independence of the United States the 
one hundred and forty-first. 

Woodbow Wilson. 

Proclamation Concerning Treason, April 16, 1917. 

WHEREAS, all persons in the United States, citizens as 
well as aliens, should be informed of the penalties which 
they will incur for any failure to bear true allegiance to 
the United States; 

NOW, THEREFORE, I, Woodrow Wilson, President of 
the United States, hereby issue this proclamation to call 
especial attention to the following provisions of the Con- 
stitution and the laws of the United States: 

Section 3 of Article III of the Constitution provides, In 
part: 

Treason against the United States, shall consist only 

in levying war against them, or in adhering to their 

Enemies, giving them Aid and Comfort. 

The Criminal Code of the United States provides: 

Section 1. 
Whoever, owing allegiance to the United States, levies 
war against them or adheres to their enemies, giving 
them aid and comfort within the United States or else- 
where, is guilty of treason. 

Section 2. 
Whoever is convicted of treason shall suffer death; or, 
at the discretion of the court, shall be imprisoned not less 
than five years and fined not less than ten thousand dol- 
lars, to be levied on and collected out of any or all of his 
property, real and personal, of which he was the owner 
at the time of committing such treason, any sale or con- 
veyance to the contrary notwithstanding; and every per- 
son so convicted of treason shall, moreover, be incapable 
of holding any office under the United States. 

Section 3. 

Whoever, owing allegiance to the United States and 
having knowledge of the commission of any treason 
against them, conceals and does not, as soon as may be, 
disclose and make known the same to the President or 
to some judge ot the United States, or to the governor 
or to some judge or justice of a particular State, is guilty 
of misprision of treason and shall be imprisoned not more 
than feven years, and fined not more than one thousand 
dollars. 

Section 6. 

If two or more persons in any State or Territory, or in 
any place subject to the jurisdiction of the United States, 

i Congress by Act of April 16, 191S. extended to women 
the provisions of law respecting alien enemies; accordingly 
the President by proclamation of April 10, 1918, declared 
females over 14 years of age amenable to certain of the 
terms of this and later proclamations concerning aliens. 



EXECUTIVE PROCLAMATIONS RELATING TO THE WAR. 



39 



conspire to overthrow, put down, or to destroy by force 
the Government of the United States, or to levy war 
against them, or to oppose by force the authority thereof, 
or by force to prevent, hinder, or delay the execution of 
any law of the United States, or by force to seize, take, 
or possess any property of the United States contrary to 
the authority thereof, they shall each be fined not more 
than five thousand dollars, or imprisoned not more than 
six years, or both. 

The courts of the United States have stated the following 
acts to be treasonable: 

The use or attempted use of any force or violence against 
the Government of the United States, or its military or 
naval forces; 

The acquisition, use, or disposal of any property with 
knowledge that it is to be, or with intent that it shall be, 
of assistance to the enemy in their hostility against the 
United States; 

The performance of any act or the publication of state- 
ments or information which will give or supply, in any way, 
aid and comfort to the enemies of the United States; 

The direction, aiding, counseling, or countenancing of any 
of the foregoing acts. 

Such acts are held to be treasonable whether committed 
within the United States or elsewhere; whether committed 
by a citizen of the United States or by an alien domiciled, 
or residing, in the United States, inasmuch as resident 
aliens, as well as citizens, owe allegiance to the United 
States and its laws. 

Any such citizen or alien who has knowledge of the com- 
mission of such acts and conceals and does not make known 
the facts to the officials named in Section 3 of the Penal 
Code is guilty of misprision of treason. 

And I hereby proclaim and warn all citizens of the 
United States, and all aliens, owing allegiance to the Gov- 
ernment of the United States, to abstain from committing 
any and all acts which would constitute a violation of any 
of the laws herein set forth; and I further proclaim and 
warn all persons who may commit such acts that they will 
be vigorously prosecuted therefor. . . . 

Proclamation Calling for Registration Under the 
Draft Act, May 18, 1917. 

WHEREAS, Congress has enacted and the President has 
on the 18th day of May one thousand nine hundred and 
seventeen approved a law which contains the following pro- 
visions: [The President here recites the provisions of the 
draft act; see p. 5.] 

Now, therefore, I, Woodrow Wilson, President of the 
United States, do call upon the Governor of each of the sev- 
eral States and Territories, the Board of Commissioners of 
the District of Columbia and all officers and agents of the 
several States and territories, of the District of Columbia, 
and of the counties and municipalities therein to perform 
certain duties in the execution of the foregoing law, which 
duties will be communicated to them directly in regulations 
of even date herewith. 

And I do further proclaim and give notice to all persons 
subject to registration in the several States and in the Dis- 
trict of Columbia in accordance with the above law that the 
time and place of such registration shall be between 7 a. m. 
and 9 p. m. on the 5th day of June, 1917, at the registra- 
tion place in the precinct wherein they have their per- 
manent homes. Those who shall have attained their 
twenty-first birthday and who shall not have attained their 
thirty-first birthday on or before the day here named are 
required to register, excepting only officers and enlisted men 
of the Regular Army, the Navy, the Marine Corps, and the 



National Guard and Naval Militia while in the service of 
the United States, and officers of the Officers Reserve Corps 
and enlisted men in the Enlisted Reserve Corps while in 
active service. In the territories of Alaska, Hawaii and 
Porto Rico a day for registration will be named in a later 
proclamation. 

And I do charge those who through sickness shall be un- 
able to present themselves for registration that they apply 
on or before the day of registration to the county clerk of 
the county where they may be for instructions as to how 
they may be registered by agent. Those who expect to be 
absent on the day named from the counties in which they 
have their permanent homes may register by mail, but their 
mailed registration cards must reach the places in which 
they have their permanent homes by the day named herein. 
They should apply as soon as practicable to the county 
clerk of the county wherein they may be for instructions as 
to how they may accomplish their registration by mail. In 
case such persons as, through sickness or absence, may be 
unable to present themselves personally for registration 
shall be sojourning in cities of over thirty thousand popu- 
lation, they shall apply to the city clerk of the city wherein 
they may be sojourning rather than to the clerk of the 
county. The clerks of counties and of cities of over thirty 
thousand population in which numerous applications from 
the sick and from non-residents are expected are authorized 
to establish such sub-agencies and to employ and deputize 
such clerical force as may be necessary to accommodate 
these applications. 

The power against which we are arrayed has sought to 
impose its will upon the world by force. To this end it has 
increased armament until it has changed the face of war. 
In the sense in which we have been wont to think of armies 
there are no armies in this struggle. There are entire na- 
tions armed. Thus, the men who remain to till the sril 
and man the factories are no less a part of the army that 
is [in] France than the men beneath the battle flags. It 
must be so with us. It is not an army that we must shape 
and train for war; it is a nation. To this end our people 
must draw close in one compact front against a common foe. 
But this can not be if each man pursues a private purpose. 
All must pursue one purpose. The nation needs all men ; but 
it needs each man, not in the field that will most pleasure 
him, but in the endeavor that will best serve the common 
good. Thus, though a sharpshooter pleases to operate a 
trip-hammer for the forging of great guns, and an expert 
machinist desires to march with the flag, the nation is be- 
ing served only when the sharpshooter marches and the ma- 
chinist remains at his levers. The whole nation must be a 
team in which each man shall play the part for which he 
is best fitted. To this end, Congress has provided that the 
nation shall be oiganized for war by selection and that each 
man shall be classified for service in the place to which it 
shall best serve the general good to call him. 

The significance of this can not be overstated. It is a 
new thing in our history and a landmark in our progress. 
It is a new manner of accepting and vitalizing our duty to 
give ourselves with thoughtful devotion to the common pur- 
pose of us all. It is in no sense a conscription of the un- 
willing; it is rather, selection from a nation which has vol- 
unteered in mass. It is no more a choosing of those who 
shall march with the colors than it is a selection of those 
who shall serve an equally necessary and devoted purpose 
in the industries that lie behind the battle line. 

The day here named is the time upon which all shall pre- 
sent themselves for assignment to their tasks. It is for 
that reason destined to be remembered as one of the most 
conspicuous moments in our history. It is nothing less 



40 



WAR REPRINTS. XO. 7. 



than the day upon which the manhood of the country shajl 
step forward in one solid rank in defense of the ideals to 
which this nation is consecrated. It is important to those 
ideals no less than to the pride of this generation in mani- 
festing its devotion to them, that there be no gaps in the 
ranks. 

It is essential that the day be approached in thoughtful 
apprehension of its significance and that we accord to it the 
honor and the meaning that it deserves. Our industrial 
need prescribes that it be not made a technical holiday, but 
the stern sacrifice that is before us. urges that it be carried 
in all our hearts as a great day of patriotic devotion and 
obligation when the duty shall lie upon every man, whether 
he is himself to be registered or not, to see to it that the 
name of every male person of the designated ages is writ- 
ten on these lists of honor. . . . 

Proclamation Concerning the Use of the Panama 
Canal in War Time, May 23, 1(117. 

WHEREAS the United States exercises sovereignty in 
the land and waters of the Canal Zone and is responsible 
for the construction, operation, maintenance, and protec- 
tion of the Panama Canal: 

NOW, THEREFORE, I, WOODROW WILSON, President 
of the United States of America, do hereby declare and pro- 
claim the following Rules and Regulations for the regula- 
tion, management and protection of the Panama Canal and 
the Maintenance of its Neutrality which are in addition to 
the general " Rules and Regulations for the Operation and 
Navigation of the Panama Canal and Approaches Thereto, 
including all Waters under its jurisdiction " put into force 
by Executive Order of July 9, 1914. . . . 

Rule 3. A vessel of war or an auxiliary vessel of a bel- 
ligerent, other than the United States, shall only be per- 
mitted to pass through the Canal after her commanding 
officer has given written assurance to the Authorities of the 
Panama Canal that the Rules and Regulations will be faith- 
fully observed. 

The authorities of the Panama Canal shall take such 
steps as may be requisite to insure the observance of the 
Rules and Regulations by auxiliary vessels which are not 
commanded by an officer of the military fleet. 

Rule 4. Vessels of war or auxiliary vessels of a belliger- 
ent, other than the United States, shall not revictual nor 
take any stores in the Canal except so far as may be 
strictly necessary: and the transit of such vessels through 
the Canal shall be effected with the least possible delay in 
accordance with the Canal Regulations in force, and with 
only such intermission as may result from the necessities 
of the service. 

Prizes shall be in all respects subject to the same Rules 
as vessels of war of a belligerent. 

Rule 5. No vessel of war or auxiliary vessel of a belliger- 
ent, other than the United States, shall receive fuel or lu- 
bricants while within the territorial waters of the Canal 
Zone, except on the written authorization of the Canal Au- 
thorities, specifying the amount of fuel and lubricants 
which may be received. 

Rule (i. Before issuing any authorization for the receipt 
of fuel and lubricants by any vessel of war or auxiliary 
vessel of a belligerent, other than the United States, the 
Canal Authorities shall obtain a written declaration, duly 
signed by the officer commanding such vessel, stating the 
amount of fuel and lubricants already on board. 

Rule 7. Fuel and lubricants may be taken on board ves- 
sels of war or auxiliary vessels of a belligerent, other than 
the United States, only upon permission of the Canal Au- 
thorities, and then only in such amounts as will enable 
them, with the fuel and lubricants alreadv on board, to 



reach the nearest accessible port, not an enemy port, at 
which they can obtain supplies necessary for the continua- 
tion of the voyage. Provisions furnished by contractors 
may be supplied only upon permission of the Canal Author- 
ities, and then only in amount sufficient to bring up their 
supplies to the peace standard. 

Rule 8. No belligerent, other than the United States, 
shall embark or disembark troops, munitions of war, or 
warlike materials in the Canal, except in case of necessity 
due to accidental hindrance of the transit. In such case9 
the Canal Authorities shall be the judge of the necessity, 
and the transit shall be resumed with all possible dispatch. 

Rule 9. Vessels of war or auxiliary vessels of a bel- 
ligerent, other than the United States, shall not remain in 
the territorial waters of the Canal Zone under 1 lie jurisdic- 
tion of the United States longer than twenty-four hours at 
any one time, except in case of distress; and in such case, 
shall depart as soon as possible. 

Rule 10. In the exercise of the exclusive right of the 
United States to provide for the regulation and manage- 
ment of the Canal, and in order to ensure that the Canal 
shall be kept free and open on terms of entire equality to 
vessels of commerce and of war, there shall not be, except 
by special arrangement, at any one time a greater number 
of vessels of war of any one nation, other than the United 
States, including those of the allies of such nation, than 
three in either terminal port and its adjacent terminal 
waters, or than three in transit through the Canal; nor 
shall the total n"mber of such vessels, at any one time, ex- 
ceed six in all the territorial waters of the Canal Zone 
under the jurisdiction of the United States. 

Rule 11. The repair facilities and docks belonging to the 
United States and administered by the Canal Authorities 
shall not be used by a vessel of war or an auxiliary vessel 
of a belligerent, other than the United States, except when 
necessary in case of actual distress, and then only upon the 
order of the Canal Authorities, and only to the degree 
necessary to render the vessel sea-worthy. Any work au- 
thorized shall be done with the least possible delay. 

Rule 12. The radio installation of any public or private 
vessel or of any auxiliary vessel of a belligerent, other than 
the United States, shall be used only in connection with 
Canal business to the exclusion of all other business while 
within the waters of the Canal Zone, including the waters 
of Colon and Panama Harbors. 

Rule 13. Air craft, public or private, of a belligerent, 
other than the United States, are forbidden to descend or 
arise within the jurisdiction of the United States at the 
Canal Zone, or to pass through the air spaces above the 
lands and waters within said jurisdiction. 

Rule 14. For the purpose of these rules the Canal Zone 
includes the cities of Panama and Colon and the harbors 
adjacent to the said cities. 

Rule 15. In the interest of the protection of the Canal 
while the United States is a belligerent no vessel of war, 
auxiliary vessel, or private vessel of an enemy of the 
United States or an ally of such enemy shall be allowed to 
use the Panama Canal nor the territorial waters of the 
Canal Zone for any purpose, save with the consent of the 
Canal Authorities and subject to such rules and regulations 
as they may prescribe. . . . 

Proclamation Restricting Exports of Coin, September 
7, 1917. 

WHEREAS Congress has enacted, and the President has 
on the fifteenth day of June. 1917. approved a law which 
contains the following provisions: [The President here re- 
cites parts of the Espionage Act; see p. 9.] 



EXECUTIVE PROCLAMATIONS RELATING TO THE WAR. 



41 



AND WHEREAS the President has heretofore by pro- 
clamation, under date of the twenty-seventh day of August 
in the year One Thousand Nine Hundred and Seventeen, de- 
clared certain exports in time of war unlawful, and the 
President linds that the public safety requires that such 
proclamation be amended and supplemented in respect to 
the articles hereinafter mentioned; 

NOW, THEREFORE, I, WOODROW WILSON, PRESI- 
DENT OF THE UNITED STATES OF AMERICA, DO 
HEREBY PROCLAIM to all whom it may concern that the 
public safety requires that, except at such time or times, 
and under such regulations and orders, and subject to such 
limitations and exceptions as the President shall prescribe, 
until otherwise ordered by the President or by Congress, 
the following articles, namely : coin, bullion and currency : 
shall not, on and after the 10th day of September in the 
year One Thousand Nine Hundred and Seventeen, be ex- 
ported from or shipped from or taken out of the United 
States or its territorial possessions to Albania, Austria- 
Hungary, Belgium, Bulgaria. Denmark, her colonies, pos- 
sessions or protectorates, Germany, her colonies, possessions 
or protectorates, Greece, Leichtenstein, Luxembourg, The 
Kingdom of the Netherlands, Norway, Spain, her colonies, 
possessions or protectorates, Sweden, Switzerland or Turkey, 
Abyssinia, Afghanistan, Argentina, Bolivia, Brazil, China, 
Chile, Colombia, Costa Rica, Cuba, Dominican Republic, 
Ecuador, Egypt, France, her colonies, possessions or pro- 
tectorates, Guatemala, Haiti, Honduras, Italy, her colonies, 
possessions or protectorates, Great Britain, her colonies, 
possessions or protectorates, Japan, Liberia, Mexico, Mon- 
aco, Montenegro, Morocco, Nepal, Nicaragua, the colonies, 
possessions or protectorates of The Netherlands, Oman, 
Panama, Paraguay, Persia, Peru, Portugal, her colonies, 
possessions or protectorates, Roumania, Russia, Salvador, 
San Marino, Serbia, Siam, Uruguay, or Venezuela. 

The regulations, orders, limitations and exceptions pre- 
scribed will be administered by and under the authority of 
the Secretary of the Treasury, from whom licenses in con- 
formity with said regulations, orders, limitations and ex- 
ceptions will issue. 

Except as hereby amended and supplemented, the above 
mentioned proclamation under date of August 27. 1917, 
shall continue in full force and effect. . . . 

Proclamation Concerning Food Licenses, October S, 1017. 

WHEREAS, Under and by virtue of an Act of Congress 
entitled "An Act to provide further for the national secur- 
ity and defense by encouraging the production, conserving 
the supply, and controlling the distribution of food prod- 
ucts and fuel," approved by the President on the 10th day 
of August, 1917, it is provided among other things as fol- 
lows: [The President here recites part of the Food and 
Fuel Control Act: see p. 13.] 

AND, WHEREAS, It is essential, in order to carry into 
effect the provisions of the said Act, that the powers con- 
ferred upon the President by said Act be at this time exer- 
cised, to the extent hereinafter set forth, 

NOW. THEREFORE, I, WOODROW WILSON, Presi- 
dent of the United States of America, by virtue of the pow- 
ers conferred upon me by said Act of Congress, hereby find 
and determine and by this proclamation do announce that 
it is essential, in order to carry into effect the purposes of 
said Act, to license the importation, manufacture, storage 
and distribution of necessaries, TO THE EXTENT HERE- 
INAFTER SPECIFIED. 

All persons, firms, corporations and associations engaged 
in the business either of ( 1 ) operating cold storage ware- 
houses (a cold storage warehouse, for the purposes of this 



proclamation, being defined as any place artificially or me- 
chanically cooled to or below a temperature of 45 degrees 
above zero Fahrenheit, in which food products are placed 
and held for thirty days or more), (2) operating elevators, 
warehouses or other places for the storage of corn, oats, 
barley, beans, rice, cotton seed, cottonseed cake, cottonseed 
meal or peanut meal, or (3) importing, manufacturing 
(including milling, mixing or packing), or distributing 
(including buying and selling) any of the following com- 
modities: 

Wheat, wheat flour, rye or rye flour, 

Barley or barley flour, 

Oats, oatmeal or rolled oats, 

Corn, corn grits, cornmeal, hominy, corn flour, starch 
from corn, corn oil, corn syrup or glucose, 

Rice, rice flour, 

Dried beans, 

Pea seed or dried peas, 

Cotton seed, cottonseed oil, cottonseed cake or cotton- 
seed meal, 

Peanut oil or peanut meal, 

Soya bean oil, soya bean meal, palm oil or copra oil, 

Oleomargarine, lard, lard substitutes, oleo oil or cook- 
ing fats, 

Milk, butter or cheese, 

Condensed, evaporated or powdered milk, 

Fresh, canned or cured beef, pork, or mutton, 

Poultry or eggs, 

Fresh or frozen fish, 

Fresh fruits or vegetables, 

Canned : Peas, dried beans, tomatoes, corn, salmon or 
sardines, 

Dried : Prunes, apples, peaches or raisins, 

Sugar, syrups or molasses, 
E.\< til'TIXG, however, 

( 1 ) Operators of elevators or warehouses handling 
wheat or rye, and manufacturers of the derivative products 
of wheat or rye, who have already been licensed, 

(2) Importers, manufacturers and refiners of sugar, and 
manufacturers of sugar syrups and molasses, who have 
already been licensed, 

(3) Retailers whose gross sales of food commodities do 
not exceed §100,000.00 per annum, 

(4) Common carriers, 

(5) Farmers, gardeners, co-operative associations of 
farmers or gardeners, including live stock farmers, and 
other persons with respect to the products of any farm, 
garden or other land owned, leased or cultivated by them, 

(C) Fishermen whose business does not extend beyond 
primary consignment, 

(7) Those dealing in any of the above commodities on 
any exchange, board of trade or similar institution as de- 
fined by Section 13 of the Act of August 10th, 1917, to the 
extent of their dealings on such exchange or board of trade, 

(8) Millers of corn, oats, barley, wheat, rye or rice oper- 
ating only plants of a daily capacity of less than seventy- 
five barrels, 

(9) Canners of peas, dried beans, corn, tomatoes, salmon 
or sardines whose gross production does not exceed 5,000 
cases per annum, 

(10) Persons slaughtering, packing and distributing 
fresh, canned or cured beef, pork or mutton, whose gross 
sales of such commodities do not exceed $100,000.00 per 
annum, 

(11) Operators of poultry or egg packing plants, whose 
gross sales do not exceed $50,000.00 per annum. 

(12) Manufacturers of maple syrup, maple sugar and 
maple compounds, 



42 



WAR REPRINTS, NO. 7. 



( 13 ) Ginnera, buyers, agents, dealers or other handlers 
of cotton seed who handle yearly, between September 1st 
and August 31st, less than one hundred and fifty tons of 
cotton seed, 

are hereby required to secure on or before November 1, 
1917, a license, which license will be issued under such rules 
and regulations governing the conduct of the business as 
may be prescribed. 

Application for license must be made to the United States 
Food Administration, Washington, D. C, Law Department 
— License Division, on forms prepared by it for that pur- 
pose, which may be secured on request. 

Any person, firm, corporation or association other than 
those hereinbefore excepted, who shall engage in or carry 
on any business hereinbefore specified after November 1, 
1917, without first securing such license will be liable to 
the penalty prescribed by said Act of Congress. . . . 

Proclamation Relating to Second Liberty Loan, 
October 12, 1917. 

The Second Liberty Loan gives the people of the United 
States another opportunity to lend their funds to their 
Government to sustain their country at war. The might 
of the United States is being mobilized and organized to 
strike a mortal blow at autocracy in defense of outraged 
American rights and of the cause of Liberty. Billions of 
dollars are required to arm, feed and clothe the brave men 
who are going forth to fight our country's battles and to 
assist the nations with whom we are making common cause 
against a common foe. To subscribe to the Liberty Loan is 
to perform a service of patriotism. 

NOW, THEREFORE, I, WOODROW WILSON, PRESI- 
DENT OF THE UNITED STATES OF AMERICA, do ap- 
point Wednesday, the twenty-fourth of October, as Liberty 
Day, and urge and advise the people to assemble in their 
respective communities and pledge to one another and to 
the Government that represents them the fullest measure of 
financial support. On the afternoon of that day I request 
that patriotic meetings be held in every city, town and 
hamlet, throughout the land, under the general direction of 
the Secretary of the Treasury and the immediate direction 
of the Liberty Loan Committees which have been organised 
by the Federal Reserve Banks. The people responded nobly 
to the call of the First Liberty Loan with an oversubscrip- 
tion of more than fifty per cent. Let the response to the 
Second Loan be even greater and let the amount be so large 
that it will serve as an assurance of unequalled support to 
hearten the men who are to face the fire of battle for us. 
Let the result be so impressive and emphatic that it will 
echo throughout the Empire of our enemy as an index of 
what America intends to do to bring this war to a victor- 
ious conclusion. 

For the purpose of participating in Liberty Day celebra- 
tions, all employees of the Federal Government throughout 
the country whose services can be spared, may be excused 
at twelve o'clock noon, Wednesday, the twenty-fourth of 
October. . . . 

The President's Proclamation Taking Over Railroad 
Lines, December 26, 1917. 

Whereas the Congress of the United States, in the exer- 
cise of the constitutional authority vested in them, by joint 
resolution of the Senate and House of Representatives, 
bearing date April 6, 1917, resolved: 

That the state of war between the United States and the 
Imperial German Government which has thus been thrust 
upon the United States is hereby formally declared; and 
that the President be, and he is hereby, authorized and di- 



rected to employ the entire naval and military forces of the 
United States and the resources of the Government to carry 
on war against the Imperial German Government; and to 
bring the conflict to a successful termination, all of the 
resources of the country are hereby pledged by the Congress 
of the United States: 

And by joint resolution bearing date of December 7, 
1917, resolved: 

That a state of war is hereby declared to exist between 
the United States of America and the Imperial and Royal 
Austro-Hungarian Government; and that the President be, 
and he is hereby, authorized and directed to employ the en- 
tire naval and military forces of the United States and the 
resources of the Government to carry on war against the 
Imperial and Royal Austro-Hungarian Government; and to 
bring the conflict to a successful termination, all the re- 
sources of the country are hereby pledged by the Congress 
of the United States. 

And whereas it is provided by section 1 of the act ap- 
proved August 29, 1916, entitled "An Act making appro- 
priations for the support of the Army for the fiscal year 
ending June 30, 1917, and for other purposes," as follows: 

The President, in time of war, is empowered, through the 
Secretary of War, to take possession and assume control of 
any system or systems of transportation, or any part there- 
of, and to utilize the same to the exclusion, as far as may 
be necessary, of all other traffic thereon for the transfer or 
transportation of troops, war material, and equipment, or 
for such other purposes connected with the emergency as 
may be needful or desirable. 

And whereas it has now become necessary in the national 
defense to take possession and assume control of certain 
systems of transportation and to utilize the same to the 
exclusion, as far as may be necessary, of other than war 
traffic thereon for the transportation of troops, war mate- 
rial, and equipment therefor, and for other needful and d& 
sirable purposes connected with the prosecution of the war; 

Now, therefore, I, Woodrow Wilson, President of the 
United States, under and by virtue of the powers vested in 
me by the foregoing resolutions and statute, and by virtue 
of all other powers thereto me enabling, do hereby, through 
Newton D. Baker, Secretary of War, take possession and 
assume control at 12 o'clock noon on the twenty-eighth day 
of December, 1917, of each and every system of transpor- 
tation and the appurtenances thereof located wholly or in 
part within the boundaries of the continental United States 
and consisting of railroads, and owned or controlled sys- 
tems of coastwise and inland transportation, engaged in 
general transportation, whether operated by steam or by 
electric power, including also terminals, terminal com- 
panies, and terminal associations, sleeping and parlor cars, 
private cars and private ear lines, elevators, warehouses, 
telegraph and telephone lines, and all other equipment and 
appurtenances commonly used upon or operated as a part 
of such rail or combined rail and water systems of trans- 
portation to the end that such systems of transportation be 
utilized for the transfer and transportation of troops, war 
material and equipment, to the exclusion, so far as may be 
necessary, of all other traffic thereon, and that so far as 
such exclusive use be not necessary or desirable, such sys- 
tems of transportation be operated and utilized in the per- 
formance of such other services as the national interest 
may require and of the usual and ordinary business and 
duties of common carriers. 

It is hereby directed that the possession, control, opera- 
tion and utilization of such transportation systems hereby 
by me undertaken shall be exercised by and through Win. 
G. McAdoo, who is hereby appointed and designated 



EXECUTIVE PROCLAMATIONS RELATING TO THE WAR. 



43 



Director General of Railroads. Said Director may perform 
the duties imposed upon him, so long and to such extent 
as he shall determine, through the boards of directors, re- 
ceivers, officers, and employees of said systems of transpor- 
tation. Until and except as far as said Director shall 
from time to time by general or special orders otherwise 
provide, the boards of directors, receivers, officers, and em- 
ployees of the various transportation systems shall con- 
tinue the operation thereof in the usual and ordinary course 
of the business of common carriers, in the names of their 
respective companies. 

Until and except so far as said Director shall from time 
to time otherwise by general or special orders determine, 
such systems of transportation shall remain subject to all 
existing statutes and orders of the Interstate Commerce 
Commission, and to all statutes and orders of regulating 
commissions of the various States in which said systems or 
any part thereof may be situated. But any orders, general 
or special, hereafter made by said Director shall have para- 
mount authority and be obeyed as such. 

Nothing herein shall be construed as now affecting the 
possession, operation, and control of street electric passen- 
ger railways, including railways commonly called inter- 
urbans, whether such railways be or be not owned or con- 
trolled by such railroad companies or systems. By subse- 
quent order and proclamation, if and when it shall be found 
necessary or desirable, possession, control, or operation may 
be taken of all or any part of such street railway systems, 
including subways and tunnels; and by subsequent order 
and proclamation possession, control, and operation in 
whole or in part may also be relinquished to the owners 
thereof of any part of the railroad systems or rail and 
water systems, possession and control of which are hereby 
assumed. 

The director shall, as soon as may be after having as- 
sumed such possession and control, enter upon negotiations 
with the several companies looking to agreements for just 
and reasonable compensation for the possession, use, and 
control of their respective properties on the basis of an 
annual guaranteed compensation, above accruing deprecia- 
tion and the maintenance of their properties, equivalent, as 
nearly as may be, to the average of the net operating in- 
come thereof for the three-year period ending June 30, 1917, 
the results of such negotiations to be reported to me for 
such action as may be appropriate and lawful. 

But nothing herein contained, expressed, or implied, or 
hereafter done or suffered hereunder, shall be deemed in any 
way to impair the rights of the stockholders, bondholders, 
creditors, and other persons having interests in said sys- 
tems of transportation or in the profits thereof to receive 
just and adequate compensation for the use and control 
and operation of their property hereby assumed. 

Regular dividends hitherto declared, and maturing inter- 
est upon bonds, debentures, and other obligations, may be 
paid in due course; and such regular dividends and interest 
may continue to be paid until and unless the said director 
shall, from time to time, otherwise by general or special 
orders determine; and, subject to the approval of the direc- 
tor, the various carriers may agree upon and arrange for 
the renewal and extension of maturing obligations. 

Except with the prior written assent of said Director, no 
attachment by mesne process or on execution shall be levied 
on or against any of the property used by any of said trans- 
portation systems in the conduct of their business as com- 
mon carriers; but suits may be brought by and against said 
carriers and judgments rendered as hitherto until and ex- 
cept so far as said Director may, by general or special or- 
ders, otherwise determine. 



From and after twelve o'clock on said twenty-eighth day 
of December, 1917, all transportation systems included in 
this order and proclamation shall conclusively be deemed 
within the possession and control of said Director without 
further act or notice. But for the purpose of accounting 
said possession and control shall date from twelve o'clock 
midnight on December 31, 1917. . . . 

Proclamation Calling Upon the People of the Nation 
to Reddce Consumption of Wheat and Meat 
Products in Order to Feed America's Asso- 
ciates in the War, January 18, 1918. 

Many causes have contributed to create the necessity for 
a more intensive effort on the part of our people to save 
food in order that we may supply our associates in the war 
with the sustenance vitally necessary to them in these days 
of privation and stress. The reduced productivity of Eu- 
rope because of the large diversion of manpower to the war, 
the partial failure of harvests, and the elimination of the 
more distant markets for foodstuffs through the destruction 
of shipping places the burden of their subsistence very 
largely on our shoulders. 

The Food Administration has formulated suggestions 
which, if followed, will enable us to meet this great re- 
sponsibility, without any real inconvenience on our part. 

In order that we may reduce our consumption of wheat 
and wheat products by 30 per cent.- — a reduction impera- 
tively necessary to provide the supply for overseas — whole- 
salers, jobbers, and retailers should purchase and resell to 
their customers only 70 per cent, of the amounts used in 
1917. All manufacturers of alimentary pastes, biscuits, 
crackers, pastry, and breakfast cereals should reduce their 
purchases and consumption of wheat and wheat flour to 70 
per cent, of their 1917 requirements, and all bakers of 
bread and rolls to 80 per cent, of their current require- 
ments. Consumers should reduce their purchases of wheat 
products for home preparation to at most 70 per cent, of 
those of last year, or, when buying bread, should purchase 
mixed cereal breads from the bakers. 

To provide sufficient cereal food, homes, public eating 
places, dealers, and manufacturers should substitute pota- 
toes, vegetables, corn, barley, oats, and rice products, and 
the mixed cereal bread and other products of the bakers 
which contain an admixture of other cereals. 

In order that consumption may be restricted to this ex- 
tent, Mondays and Wednesdays should be observed as 
wheatless days each week, and one meal each day should be 
observed as a wheatless meal. 

In both homes and public eating places, in order to re- 
duce the consumption of beef, pork, and sheep products, 
Tuesday should be observed as meatless day in each week, 
one meatless meal should be observed in each day; while, 
in addition, Saturday in each week should further be ob- 
served as a day upon which there should be no consumption 
of pork products. 

A continued economy in the use of sugar will be neces- 
sary until later in the year. 

It is imperative that all waste and unnecessary consump- 
tion of all sorts of foodstuffs should be rigidly eliminated. 

The maintenance of the health and strength of our own 
people is vitally necessary at this time, and there should be 
no dangerous restriction of the food supply ; but the elimi- 
nation of every sort of waste and the substitution of other 
commodities of which we have more abundant supplies for 
those which we need to save, will in no way impair the 
strength of our people and will enable us to meet one of 
the most pressing obligations of the war. 

I, therefore, in the national interest, take the liberty of 



44 



WAR REPRINTS. NO. 



calling upon every loyal American to take fully to heart the 
suggestions which are being circulated by the Food Admin- 
istration and of begging that they be followed. I am con- 
fident that the great body of our women who have labored 
so loyally in co-operation with the Food Administration for 
the success of food conservation will strengthen their 
efforts and will take it as a part of their burden in this 
period of national service to see that the above suggestions 
are observed throughout the land, 

Woodrow Wilson. 
The White House, 
January IS, 1918. 

Proclamation Concerning Exports, February 14, 101S. 

Whereas, Congress has enacted, and the President has on 
the 15th day of June, 1017, approved a law which contains 
the following provisions: 

" Whenever during the present war the President shall 
find that the public safety shall so require, and shall make 
proclamation thereof, it shall be unlawful to export from 
or ship from or take out of the United States to any coun- 
try named in such proclamation any article or articles men- 
tioned in such proclamation, except at such time or times, 
and under such regulations and orders, and subject to such 
limitations and exceptions as the President shall prescribe, 
until otherwise ordered by the President or by Congress; 
provided, however, that no preference shall be given to the 
ports of one State over those of another." 

And, whereas, the President has heretofore by proclama- 
tions dated July 9, 1!)17, August 27, 1917, September 7, 
1917, and November 28, 1917, declared certain exports in 
time of war unlawful, and the President now finds that the 
public safety requires that such proclamations be amended 
and supplemented in respect to the articles and countries 
hereinafter mentioned ; 

Now, therefore, I, Woodrow Wilson, President of the 
United States of America, do hereby proclaim to all whom 
it may concern that the public safety requires that the fol- 
lowing articles, namely: All kinds of arms, guns, ammuni- 
tion and explosives, machines for their manufacture or re- 
pair, component parts, thereof, materials or ingredients 
used in their manufacture, and all articles necessary or 
convenient for their use; all contrivances for or means of 
transportation on land or in the water or air, machines used 
in their manufacture or repair, component parts thereof, 
materials or ingredients used in their manufacture, and all 
instruments, articles, and animals necessary or convenient 
for their use; all means of communication, fools, imple- 
ments, instruments, equipment, maps, pictures, papers, ami 
other articles, machines and documents necessary or con- 
venient for carrying on hostile operations; all kinds of fuel. 
food, food-stuffs, feed, forage, and clothing, ami all articles 
and materials used in their manufacture; all chemicals, 
drugs, dyestuffs, and tanning materials; cotton, wool, silk. 
flax, hemp, jute, sisal, and other fibers and manufactures 
thereof; all earths, elay, glass, sand, stone, and their prod- 
ucts; animals of every kind, their products and deriva- 
tives; hides, skins, and manufactures thereof; all non-edi- 
ble animal and vegetable products; all machinery, tools, 
dies, plates, and apparatus, and materials necessary or 
convenient for their manufacture; medical, surgical, labora- 
tory, and sanitary supplies and equipment; all metals, 
minerals, mineral oils, ores, and all derivatives and manu- 
factures thereof; paper pulp, books, and all printed mat- 
ter and material necessary or convenient for their manu- 
facture; rubber, gums, rosins, tars, and waxes, their prod- 
ucts, derivatives, and substitutes, and all articles contain- 
ing them; wood and wood manufactures, coffee, cocoa, tea. 



and spices; wines, spirits, mineral waters, and beverages; 
and all other articles of any kind whatsoever shall not, on 
and after the 16th day of February, in the year 1918, be 
exported from, or shipped from, or taken out of the United 
States or its Territorial possessions to Abyssinia, Afghan- 
istan, Albania, Argentina, Austria-Hungary, Belgium, her 
colonies, possessions, and protectorates, Bolivia, Brazil, 
Bulgaria, China, Denmark, her colonies, possessions, and 
protectorates, Dominican Republic, Ecuador, Egypt, France, 
her colonies, possessions, and protectorates, Germany, her 
colonies, possessions, and protectorates, Great Britain, her 
colonies, possessions, and protectorates, Greece, Guatemala, 
Haiti, Honduras, Italy, her colonies, possessions, and pro- 
tectorates, Japan, Liechtenstein, Liberia, Luxembourg, 
Mexico, Monaco, Montenegro, Morocco, Nepal, The Nether- 
lands, her colonies, possessions, and protectorates, Nicara- 
gua, Norway, Oman, Panama, Paraguay, Persia, Peru, Por- 
tugal, her colonies, possessions, and protectorates, Rou- 
mania, Russia, Salvador, San Marino, Serbia, Siam, Spain, 
her colonies, possessions, and protectorates, Sweden, Swit- 
zerland, Turkey, Uruguay, or Venezuela, except under li- 
cense granted in accordance with regulations or orders and 
subject to such limitations and exceptions as have hereto- 
fore been, or shall hereafter be prescribed in pursuance of 
the powers conferred by said act of June 15, 1917. The 
ill proclamation of July 9, 1917, August 27, 1917, Sep- 
tember 7, 1917, and November 28, 1917, and paragraph 11 
of the Executive Order of October 12, 1917, are hereby con- 
firmed and continued and all rules and regulations hereto- 
fore made in connection therewith or in pursuance thereof 
are likewise hereby confirmed and continued and made ap- 
plicable to this proclamation. . . .i 

Proclamation Directing the Taking Over of Dutch 
Vessels, March 20, 1918. 

Whereas, the law and practice of nations accords to a 
belligerent power the right in times of military exigency 
and for purposes essential to the prosecution of war, to 
take over and utilize neutral vessels lying within its juris- 
diction : 

And whereas the act of Congress of June 15, 1917, en- 
titled "An Act making appropriations to supply urgent 
deficiencies in appropriations for the Military and Naval 
Establishments on account of war expenses for the fiscal 
year ending June thirtieth, nineteen hundred and seventeen, 
and for the other purposes." confers upon the President 
power to take over the possession of any vessel within the 
jurisdiction of the United States for use or operation by the 
United States: 

Now, therefore, I, Woodrow Wilson, President of the 
United States of America, in accordance with international 
law and practice and by virtue of the act of Congress 
aforesaid, and as Commander in Chief of the Army and 
Navy of the United States, do hereby find and proclaim 
that the imperative military needs of the United States re- 
quire the immediate utilization of vessels of Netherlands 
registry, now lying within the territorial waters of the 
United States; and I do therefore authorize and empower 
the Secretary of the Navy to take over on behalf of the 
United States the possession of and to employ all such ves- 
sels of Netherlands registry as may be necessary for essen- 
tial purposes connected with the prosecution of the war 
against the Imperial German Government. The vessels 
shall be manned, equipped, and operated by the Navy De- 
partment and the United States Shipping Board, as may 
be deemed expedient; and the United States Shipping Board 

i An almost identical proclamation relating to imports 
was issued on the same day. 



EXECUTIVE PROCLAMATIONS RELATING TO THE WAR. 



45 



shall make to the owners thereof full compensation, in ac- 
cordance with the principles of international law. . . . 

Explanatory Statement Concerning the Taking Over 
of Dutch Vessels, Mabch 20, 191S. 

For some months the United States and the entente allies 
have been conducting negotiations with the Dutch Govern- 
ment with the object of concluding a general commercial 
agreement. 

A very clear statement of the character of these negotia- 
tions was made on March 12 to the Dutch Parliament by 
his excellency the Minister of Foreign Affairs of Holland. 
As appears from the statement, the discussion proceeded 
upon the basis of two fundamental propositions, namely, 
that the United States and the allies should facilitate the 
importation into Holland of foodstuffs and other commodi- 
ties required to maintain her economic life, and that Hol- 
land should restore her merchant marine to a normal con- 
dition of activity. 

It was the task of the negotiators to develop a specific 
application of these propositions which would be acceptable 
to the Governments concerned. 

Early in January, 1918, the negotiators came to an un- 
derstanding which was embodied in a tentativ> agreement, 
which was submitted to the Governments concerned in or- 
der that if acceptable it might be ratified, or if unaccept- 
able a counter proposal might be made. 

The negotiations becoming prolonged, the Dutch dele- 
gates proposed, in order that their ships might sooner be 
put into remunerative service, that Dutch tonnage lying 
idle in American waters should, with certain exceptions, be 
immediately chartered to the United States for periods not 
exceeding 90 days. 

This proposal was accepted by the United States Govern- 
ment, and on January 25, 1918, the Dutch Minister at 
Washington handed to the Secretary of State of the United 
States a note expressing the terms of the temporary char- 
tering agreement and his Government's acceptance thereof. 
This agreement provided, among other things, that 150,000 
tons of Dutch shipping should, at the discretion of the 
United States, be employed partly in the service of Belgian 
relief and partly for Switzerland on safe conduct to Cette, 
France, and that for each ship sent to Holland in the ser- 
vice of Belgian relief a corresponding vessel should leave 
Holland for the United States. Two Dutch ships in the 
United States ports with cargoes of foodstuffs were to pro- 
ceed to Holland, similar tonnage being sent in exchange 
from Holland to the United States for charter as in the case 
of other Dutch ships lying in the United States ports. 

The agreement was explicitly temporary in character, 
and, being designed to meet an immediate situation, prompt 
performance was of the essence. The Dutch Government at 
once disclosed, however, that it was unwilling or unable to 
carry out this chartering agreement which it had itself 
proposed. The first desire of the United States was to se- 
cure at once shipping, as contemplated by the agreement to 
transport to Switzerland foodstuffs much needed by the 
State. One difficulty after another was, however, raised to 
postpone the chartering of Dutch ships for Swiss relief, 
and, although the reason was never formally expressed, it 
was generally known that the Dutch shipowners feared lest 
their ships should be destroyed by German submarines, even 
though on an errand of mercy, and though not traversing 
any of the so-called " danger zones " proclaimed by the Ger- 
man Government. That this fear was not wholly unjusti- 
fied has. unhappily, been shown by the recent act of the 
German Government in sinking the Spanish ship Sardinero 
outside the " danger zone " when carrying a cargo of grain 
for Switzerland, and after the submarine commander had 
ascertained this fact by an inspection of the ship's papers. 

In respect of Belgian relief, the Dutch Government ex- 
pressed its present inability to comply with the agreement 
on the ground that the German Government had given Hol- 
land to understand that it would forcibly prevent the de- 
parture from Holland of the corresponding ships, which 
under the agreement w-ere to leave coincidentlv for the 



United States. The Dutch Government even felt itself un- 
able to secure the two cargoes of foodstuffs, which under 
the agreement it was permitted to secure, since here again 
the German Government intervened and threatened to de- 
stroy the equivalent Dutch tonnage which under the agree- 
ment was to leave Holland for the United States. 

Nearly two months have elapsed since the making of the 
temporary chartering agreement, and the proposed general 
agreement has lain even longer without reply on the part 
of Holland. Meanwhile, German threats have grown more 
violent, with a view to preventing any permanent agree- 
ment and of forcing Holland to violate any temporary 
agreement. 

On March 7, through Great Britain, a final proposal, ex- 
piring on the 18th, was submitted to Holland. A reply has 
been received which, while in itself unacceptable, might un- 
der other conditions have served as a basis for further ne- 
gotiations. But the events to which I have alluded had 
served to demonstrate conclusively that we have been at- 
tempting to negotiate where the essential basis for an 
agreement, namely, the meeting of free wills, is absent. 
Even were an agreement concluded, there is lacking that 
power of independent action which alone can assure per- 
formance. I say this not in criticism of the Dutch Govern- 
ment. I profoundly sympathize with the difficulty of her 
position under the menace of a military power which has 
in every way demonstrated its disdain of neutral rights. 
But, since coercion does in fact exist, no alternative is left 
to us hut to accomplish, through the exercise of our indis- 
putable rights as a sovereign, that which is so reasonable 
that in other circumstances we could be confident of ac- 
complishing it by agreement. 

Steps are accordingly being taken to put into our service 
Dutch shipping lying within our territorial jurisdiction. 
This action which is being taken by Governments associated 
with us leaves to Holland ample tonnage for her domestic 
and colonial needs. We have informed the Dutch Govern- 
ment that her colonial trade will be facilitated and that she 
may at once send ships from Holland to secure the bread 
cereals which her people require. These ships will be 
freely bunkered and will be immune from detention on our 
part. The liner New Amsterdam, which came within our 
jurisdiction under an agreement for her return, will, of 
course, be permitted at once to return to Holland. Not 
only so, but she will be authorized to carry back with her 
the two cargoes of foodstuffs which Holland would have se- 
cured under the temporary chartering agreement had not 
Germany prevented. Ample compensation will be paid to 
the Dutch owners of the ships which will be put into our 
service, and suitable provision will be made to meet the 
possibility of ships being lost through enemy action. 

It is our earnest desire to safeguard to the fullest extent 
the interests of Holland and of her nationals. By exercis- 
ing in this crisis our admitted right to control all property 
within our territory, we do no wrong to Holland. The 
manner in which we proposed to exercise this right and 
our proposals made to Holland concurrently therewith can- 
not, I believe, fail to evidence to Holland the sincerity of 
our friendship toward her. 

Woodrow Wilson. 

Proclamation Concerning National War Labor Board, 
April 8, 1918. 

Whereas, in January, 1918. the Secretary of Labor, upon 
the nomination of the President of the American Federa- 
tion of Labor and the President of the National Industrial 
Conference Board, appointed a War Labor Conference 
Board, for the purpose of devising for the period of the war 
a method of labor adjustment which would be acceptable to 
employers and employees; and 

Whereas, said board has made a report recommending the 
creation for the period of the war of a national war labor 
board with the same number of members as, and to he se- 
lected bv the same agencies, that created the War Labor 



46 



WAR REPRINTS. NO. 



Conference Board whose duty it shall be to adjust labor 
disputes in the manner specified, and in accordance with 
certain conditions set forth in the said report; and 

Whereas, the Secretary of Labor has, in accordance with 
the recommendation contained in the report of said War 
Labor Conference Board dated March 29, 19 18, appointed as 
members of the National War Labor Board, Hon. William 
Howard Taft and Hon. Frank P. Walsh, representatives of 
the general public of the United States; Messrs. Loyall Z. 
Osborne, L. F. Loree, W. H. Van Dervoort, C. E. Michael, 
and B. L. Worden, representatives of the employers of the 
United States; and Messrs. Frank J. Hayes, William L. 
Hutcheson, William H. Johnston, Victor A. Olander, and 
T. A. Rickert, representatives of the employees of the 
United States: 

Now, therefore, I, Woodrow Wilson, President of the 
United States of America, do hereby approve and affirm the 
said appointments and make due proclamation thereof and 
of the following for the information and guidance of all 
concerned : 

The powers, functions, and duties of the National War 
Labor Board shall be: To settle by mediation and concilia- 
tion controversies arising between employers and workers 
in fields of production necessary for the effective conduct 
of the war, or in other fields of national activity, delays 
and obstructions which might, in the opinion of the Na- 
tional Board, affect detrimentally such production ; to pro- 
vide, by direct appointment or otherwise, for committees or 
boards to sit in various parts of the country where contro- 
versies arise and secure settlement by local mediation and 
conciliation; and to summon the parties to controversies 
for hearing and action by the National Board in event of 
failure to secure settlement by mediation and conciliation. 

The principles to be observed and the methods to be fol- 
lowed by the National Board in exercising such powers and 
functions and performing such duties shall be those speci- 
fied in the said report of the War Labor Conference Board 
dated March 29, 1918, a complete copy of which is hereunto 
appended. 

The national board shall refuse to take cognizance of a 
controversy between employer and workers in any field of 
industrial or other activity where there is by agreement or 
Federal law a means of settlement which has not been in- 
voked. 

And I do hereby urge upon all employers and employees 
within the United States the necessity of utilizing the 
means and methods thus provided for the adjustment of all 
industrial disputes, and request that during the pendency 
of mediation or arbitration through the said means and 
methods there shall be no discontinuance of industrial 
operations which would result in curtailment of the produc- 
tion of war necessities. . . . 

Priorities List for Supply of Fuel, April 10, 191S. 

The War Industries Board of the Council of National 
Defense issued the following statement: 

The Priorities Board has adopted Preference List No. 1 
for the guidance of all governmental agencies in the supply 
and in the distribution by rail or water of coal and coke. 
While the list speaks for itself, it is proper to say that the 
board has not undertaken to classify any industry as non- 
essential or at this time to limit the quantity of fuel which 
any particular industry or plant shall receive. The board 
has, however, listed certain industries whose operation is of 
exceptional importance, measured by the extent of their 
direct or indirect contribution either toward winning the 
war or toward promoting the national welfare, and these in- 
dustries will be accorded preferential treatment by the Fuel 
Administration in the distribution of coal and coke, and 



also in the transportation of such coal and coke by the rail- 
roads. 

This same plan will be followed in according preferential 
treatment to war industries and plants in the transporta- 
tion of raw materials and supplies required by them in 
their manufacturing operations, so that they may not be 
delayed or hampered in complying with priority orders is- 
sued against them governing their products. 

Preference List No. 1 is not complete in itself, but it will 
be noted that provision is made for certifying additional 
classes of industries, and also individual plants whose 
operations are necessary as a war measure. 

In determining what industries or plants are entitled 
to be certified, two factors will control: (1) The relative 
urgency of the uses or purposes for which the product of 
the plant is utilized; and (2) the per cent, of the product 
of the plant utilized in war work, direct or indirect, or work 
of exceptional or national importance. No plant, a very 
substantial per cent, of whose product is not of exceptional 
importance, can be accorded preferential treatment. 

PRIORITIES BOARD PREFERENCE LIST NO. 1. 

In pursuance of a resolution unanimously adopted by the 
Priorities Board at a meeting held April G, 1918, the fol- 
ic ■wing preference list of classes of industries, whose opera- 
tion as a war measure is of exceptional importance, is pro- 
mulgated and published for the guidance of all agencies of 
the United States Government in the supply and distribu- 
tion of coal and coke, and in the supply of transportation 
by rail and water for the movement of coal and coke to said 
industries. 

The priorities commissioner shall, under the direction of 
and with the approval of the Priorities Board, certify addi- 
tional classes of industries, and also certify individual 
plants whose operation as a war measure is of exceptional 
importance, which industries and plants when so certified 
shall be automatically included in this Preference List, 
which shall be amended or revised from time to time by ac- 
tion of the Priorities Board to meet changing conditions. 

No distinction is made between any of the industries or 
plants which are or may be included in this Preference 
List, and no significance should attach to the order in which 
the industries or plants appear in the list. 

Aircraft. — Plants engaged exclusively in manufacturing 
aircraft or supplies and equipment therefor. 

Ammunition. — Plants engaged in the manufacture of 
ammunition for the United States Government and the 
allies. 

Army and Navy cantonments and camps. 

Arms (small). — Plants engaged in manufacturing small 
arms for United States Government and for the allies. 

Chemicals. — Plants engaged exclusively in manufacturing 
chemicals. 

Coke plants. 

Domestic consumers. 

Electrical equipment. — Plants manufacturing same. 

Electrodes. — Plants producing electrodes. 

Explosives. — Plants manufacturing explosives. 

Farm implements. — Manufacturers exclusively of agri- 
cultural implements and farm-operating equipment. 

Feed. — Plants producing feed. 

Ferroalloys. — Plants producing. 

Fertilizers. — Manufacturers of fertilizers. 

Fire brick. — Plants producing exclusively. 

Food. — riants manufacturing, milling, preparing, refin- 
ing, preserving, and wholesaling food for human consump- 
tion. 

Food containers. — Manufacturers of tin and glass con- 



EXECUTIVE PROCLAMATIONS RELATING TO THE WAR. 



■17 



tainers and manufacturers exclusively of other food con- 
tainers. 

Gas. — Gas-producing plants. 

Gas. — Plants manufacturing exclusively gas-producing 
machinery. 

Guns (large). — Plants manufacturing same. 

Hemp, jute, and cotton bags. — Plants manufacturing ex- 
clusively hemp, jute, and cotton bags. 

Insecticides. — Manufacturers exclusively of insecticides 
and fungicides. 

Iron and steel. — Blast furnaces and foundries. 

Laundries. 

Machine tools. — Plants manufacturing machine tools. 

Mines. 

Mines. — Plants engaged exclusively in manufacturing 
mining tools and equipment. 

Newspapers and periodicals. — Plants printing and pub- 
lishing exclusively newspapers and periodicals. 

Oil. — Refineries of both mineral and vegetable oils. 

Oil production. — Plants manufacturing exclusively oil- 
well equipment. 

Public institutions and buildings. 

Public utilities. 



Railways. 

Railways. — Plants manufacturing locomotives, freight 
cars, and rails, and other plants engaged exclusively in 
manufacture of railway supplies. 

Refrigeration. — Refrigeration for food and exclusive ice- 
producing plants. 

Seeds. — Producers or wholesalers of seeds (except flower 
seeds. ) 

Ships (bunker coal). — Not including pleasure craft. 

Ships. — Plants engaged exclusively in building ships (not 
including pleasure craft) or in manufacturing exclusively 
supplies and equipment therefor. 

Soap. — Manufacturers of soap. 

Steel. — Steel plants and rolling mills. 

Tanners. — Tanning plants, rave for patent leather. 

Tanning extracts — Plants manufacturing tanning ex- 
tracts. 

Tin plate. — Manufacturers of tin plate. 

Twine (binder) and rope. — Plants producing exclusively 
binder twine and rope. 

Wire rope and rope wire. — Manufacturers of same. 

Edwin B. Pakkeb, 
Chairman, Priorities Board. 



48 WAR REPRINTS. NO. 



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